Delhi High Court Quashes FIR Orders Over Missing Legal Affidavits

The Delhi High Court invalidated two trial court orders for FIR registration due to missing affidavits, as mandated by law. Petitioners Rajat and Sarika Bhagat's challenge was upheld, emphasizing the requirement of affidavits alongside applications under Section 156(3) CrPC. This decision aligns with a 2015 Supreme Court ruling.

In a significant ruling, the Delhi High Court has overturned two trial court orders demanding the registration of First Information Reports (FIRs). The decision was rooted in the absence of affidavits that are legally required to accompany complaints. The case involved petitioners Rajat and Sarika Bhagat, who contended that the complaints against them, filed in connection with a loan dispute, lacked the necessary sworn affidavits.

The Bhagats had challenged the directives of the Additional Sessions Judge, which dismissed their appeals against the FIR registration. Originally, the Additional Chief Metropolitan Magistrate (ACMM) had instructed the filing of the FIRs on July 8, 2016. The High Court's single judge bench referenced a 2015 Supreme Court decision, asserting the necessity of affidavits alongside applications filed under Section 156(3) of the CrPC.

Justice Vikas Mahajan emphasized in his judgment that the affidavit requirement under Section 156(3) CrPC is mandatory. He pointed out the ACMM's error in processing the unsworn application, leading to an erroneous order for FIR registration. The judgment dated March 20 highlighted the flawed precedent set by the February 21, 2017 ruling from the Additional Sessions Judge at Tis Hazari Court. Despite opposition arguments emphasizing intentions behind the affidavits, the High Court underscored legal adherence.

(With inputs from agencies.)