Allahabad High Court Orders FIR for Forged Affidavit in Rape Case
In a significant move, the Allahabad High Court has directed the police to register an FIR against individuals accused of submitting a forged affidavit in a rape case. This decision overturns a lower court's ruling that had dismissed the complainant's plea for an investigation.
Justice Saurabh Shyam Sharmashery issued the order on July 9, 2024, while hearing an application under Section 482 of the Criminal Procedure Code, filed by Saida against the State of Uttar Pradesh and three others (Application U/S 482 No. 47176 of 2023).
Case Background
The issue began when Saida lodged an FIR (No. 0594) on October 10, 2021, accusing several individuals of gang rape (Section 376D), house trespass (Section 452), and criminal intimidation (Section 506) under the Indian Penal Code. Following the investigation, the police submitted a final report, effectively closing the case.
Saida alleged that, without notifying her, the accused produced an impostor who filed a forged affidavit with a fake photograph and thumb impression, falsely claiming that she (the complainant) had no objection to the final report. The trial court accepted this final report on November 18, 2022.
Legal Questions
The High Court had to address two critical questions:
1. Was the Magistrate correct in treating Saida's application under Section 156(3) CrPC for registering an FIR as a complaint case instead of ordering a police investigation?
2. Was there a prima facie case of forgery and fraud on the court, warranting a police investigation?
Court's Decision
The High Court set aside the Magistrate's order from March 31, 2023, and directed that an FIR be registered based on Saida's application. The court emphasized:
1. The Magistrate failed to recognize that the complaint clearly indicated a serious cognizable offense of forgery and fraud, necessitating a thorough police investigation.
2. When a complaint under Section 156(3) CrPC not only reveals a cognizable offense but also indicates the need for a detailed police investigation, the Magistrate should exercise discretion to order such an investigation.
3. The Magistrate does not need to wait until the stage of Section 202 CrPC to order an investigation in such cases.
Key Observations
The court highlighted that the facts presented in the complaint showed that the accused allegedly attempted to deceive the court by submitting forged documents. The trial court had failed to properly assess the complaint's contents and did not consider that the allegations pointed to a serious offense of forgery.
The High Court relied on the Supreme Court's ruling in XYZ vs. State of Madhya Pradesh (2023), which stated that when an application under Section 156(3) CrPC clearly indicates the need for a police investigation, the Magistrate's discretion must be viewed as a duty to order such an investigation.
Arvind Prabodh Dubey represented Saida, while Mithilesh Kumar (AGA) represented the State. Sheshadri Trivedi, Mukesh Tiwari, and Chantira Pal Singh appeared for the opposite parties.
This decision underscores the importance of thorough investigations in cases involving serious allegations and ensures that the judicial process is not undermined by fraudulent activities.
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