false complaint - liable to prosecution and imprisonment

16) When a person files a complaint and supports it on oath, rendering
himself liable to prosecution and imprisonment if it is false, he is
entitled to be believed unless there is some apparent reason for
disbelieving him; and he is entitled to have the persons, against whom he
complains, brought before the court and tried. The only condition
requisite for the issue of process is that the complainant’s deposition
must show some sufficient ground for proceeding. Unless the Magistrate is
satisfied that there is sufficient ground for proceeding with the complaint
or sufficient material to justify the issue of process, he should not pass
the order of issue of process. Where the complainant, who instituted the
prosecution, has no personal knowledge of the allegations made in the
complaint, the magistrate should satisfy himself upon proper materials that
a case is made out for the issue of process. Though under the law, a wide
discretion is given to magistrate with respect to grant or refusal of
process, however, this discretion should be exercised with proper care and
caution.

Case Law:

K. Sitaram and another V. CFL Capital Financial Service Limited and Another,

Citation:

2017) 2 SCC (Cri) 658 ; 

(2017) 5 SCC 725.