mandatory requirement of filing an affidavit

The Nagpur Bench of the Bombay High Court has ruled that an affidavit which is not in compliance with paragraphs 5 and 8 of Chapter VII of the Criminal Manual is to be considered to be in non-compliance with the mandatory requirement of filing an affidavit with respect to an application filed under Section 156(3) of CrPC.

“…to see that the complaint who invokes the jurisdiction under section 156(3) of the Cr.P.C. and put the criminal law in motion, shall be held responsible for any mischief in making out a false case. There should be no scope for the declarant to escape on the technical ground from responsiblity attached to the statement made by him in the affdavit. Unless those compliances, referred in paragraph nos. 5 and 8 of chapter VII of the Criminal Manual are complied with, it will be diffcult to hold the person making a declaration on oath, resposible for the statement made on an oath.”

The court further went on to hold that a civil dispute cannot be dissimulated as a criminal offence and the Magistrate must apply his judicial mind before passing an order under Section 156(3) of CrPC.

Hence, noting that the application under Section 156(3) was lacking in procedural formalities related to the filing of an affidavit and its usage as a subterfuge to give a criminal color to a civil case, the court quashed the FIR and set aside the order passed by the learned Magistrate.

CASE TITILE: HARRY INDER DHAUL VS STATE OF MAHARASHTRA