Can not act on wrong complaint, say police; legal experts differ

Published on 09 Oct 2017 by Team

LUCKNOW: After having debunked claims by a retired judge about a robbery in his house in the city, Lucknow Police now say there is no law under which it can take action despite being of the view that wrong information was furnished. Legal experts, however, say police can file a case under Section 182 of the Indian Penal Code against any complainant for "misleading" them.

On October 3, wife of retired judge Vijay Bahadur Yadav informed the police that four unidentified persons posing as courier men knocked her unconscious with some chemical and took away cash and jewellery worth lakhs. Justice (retd) Yadav lodged a FIR on October 4. However, police concluded in the probe that no robbery had taken place and the Lucknow SSP Deepak Kumar expunged the FIR.
On Friday, Kumar said, "We have requested the retired judge to provide us evidence to support his claims. If he fails, we will file a closure report in the court stating no robbery has taken place".


Picture Courtesy - Youtube

When asked if police believes that the complainant has filed a false report, why police has not taken initiated any legal action against the complainant, Asked why the police did not act despite believing that the complainant had not filed the right report, Kumar said: "People lodge all kinds of complaints and it is the duty of the police to find out the truth. Even if the complaint turns out to be false or misleading, there is no law under which police can take action. We will go by court's order after submitting the closure report."

Justice (retired) Yadav, however, refuted the police's claim that he has given false information. "It is the prerogative of the police to expunge the case after the probe. I will make my point as per law when the case comes up for hearing in the court after submission of final report".

However, legal experts said that providing false information to a public servant is an offence punishable up to six months or fine.

Senior criminal lawyer IB Singh said that providing false or misleading information to a public servant is an offence under IPC section 182 and public servant can use the provision for prosecution of the complainant after taking permission of the court.

Samit Gopal, a senior lawyer with Allahabad High Court, said that under Section 182 of the IPC, the investigating officer seeks permission from the court to act against the complainant if the latter files a misleading report. "Action is initiated by the court for wasting its time and that of a public servant. The provision is to deter people from filing false reports," said Gopal.

What's IPC Sec 182?

Submitting false information with the intent to cause a public servant to use his lawful power to the injury of another person. The offence is punishable by imprisonment for a period of six months or fine or both.

( Source - PTI )


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