Filing Of 'Negative Report' Doesn't Authorise Police To Prosecute Informant For False Case: Rajasthan High Court

The Rajasthan High Court recently quashed the criminal proceedings against a young petitioner, initiated by the police under Section 211 IPC for filing false case, opining that such proceeding could be initiated only upon a written complaint by the Court in relation to which the offence was committed.

Section 211, IPC deals with the office of initiating false criminal proceedings and falsely charging a person with an offence.

The petitioner had filed a criminal complaint against certain officials of Jaipur Vidyut Vitran Nigam Limited alleging some manipulation of his OMR sheet by these official by exchanging it. The police filed a negative report in this case, which was accepted by the Magistrate.

Subsequently, the SHO of the Police Station filed a complaint against the petitioner under Section 211, IPC, alleging that he filed a false complaint before the Court, for harassing the accused. Magistrate took cognizance of this complaint. Hence, the petition was filed before the Court.

It was argued by the petitioner that Section 211 was a non-cognizable offence, and per Section 195(1)(b)(i), CrPC, Court could not take cognizance of an offence under Section 211 unless a complaint was made by the concerned court, which was absent in this case.

After hearing the contentions, bench of Justice Anoop Kumar Dhand noted the issue, “whether under these circumstances, the Police can submit a complaint under Section 211 IPC against the petitioner, when no such direction has been issued by the Court concerned wherein initial complaint was submitted by the petitioner?”

The Court perused Section 195(1)(b), CrPC, and opined that if an offence was alleged to have been committed in, or in relation to any proceeding in any Court, cognizance could not be taken unless a written complaint was filed by that Court.

Hence, it was clear that prosecution under Section 211, IPC, was possible only after such written complaint was made by the Court concerned.

“In the instant case, no such complaint has been submitted by the Court concerned, hence, under these circumstances, the S.H.O. was not having any authority to file the impugned complaint against the petitioner, under Section 211 IPC and the learned Magistrate was not having any jurisdiction to take cognizance against the petitioner in view of the bar contained under Section 195 (1)(b)(i) Cr.P.C.”

Accordingly, the petition was allowed, and the proceedings against the petitioner was set aside.

Title: Dev Narayan Gurjar v State of Rajasthan & Anr.

Citation: 2026 LiveLaw (Raj) 1

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