Madhya Pradesh High Court Quashes Malicious FIR Against Senior Advocate
Court Orders Action Against Complainant for Habitual False Allegations Under POCSO and BNS Acts
News Report: In a landmark judgment, the Madhya Pradesh High Court has quashed an FIR against senior advocate Prakash Upadhyay, marking a significant victory against malicious prosecution and abuse of legal processes. The FIR, registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Bharatiya Nyaya Sanhita (BNS), 2023, accused Upadhyay of heinous crimes, including rape. Upon thorough investigation, the police found the allegations baseless, leading the court to intervene.
Justice Vishal Mishra presided over the case, highlighting the complainant's pattern of filing false complaints for personal gain. This judgment not only clears Upadhyay's name but also mandates the Superintendent of Police to take action against the complainant under Section 22 of the POCSO Act, 2012, and Sections 240 and 248 of BNS, 2023. The court emphasized the severe impact of false allegations on the accused's reputation and mental well-being, aligning with precedents from the Supreme Court and other High Courts.
The court's decision underscores the importance of protecting individuals from malicious legal attacks, which can tarnish reputations and cause undue distress. The judgment serves as a cautionary tale against the misuse of legal provisions designed to protect genuine victims. It reiterates the judiciary's role in preventing abuse of legal processes, ensuring justice is upheld.
The judgment references notable precedents, including State of Haryana v. Bhajan Lal and Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, reinforcing the principles guiding FIR quashing when allegations are found to be frivolous. The court directed that any future complaints by the complainant should undergo preliminary inquiry before any coercive action is taken, acknowledging the complainant's history of false claims.
This ruling represents a pivotal moment in the fight against malicious prosecution, safeguarding the integrity of the legal system and the rights of individuals unjustly accused.
Bottom Line:
The court quashed the FIR against a senior advocate, citing malicious prosecution and abuse of legal process. It directed action against the complainant for habitual false complaints under Section 22 of the POCSO Act, 2012, and Sections 240 and 248 of BNS, 2023.
Statutory provision(s): Section 22 of POCSO Act, 2012, Sections 240 and 248 of Bharatiya Nyaya Sanhita, 2023, Section 65(2) of BNS, 2023, Sections 5 and 6 of POCSO Act, 2012, Section 482 of Cr.P.C., Article 226 of the Constitution of India
