UP: DGP Prashant Kumar issues guidelines to address cases pertaining to fake FIRs
Jul 18, 2024
Lucknow (Uttar Pradesh) [India], July 18 : Uttar Pradesh Director General of Police (DGP) Prashant Kumar on Thursday issued guidelines to all police officers to address the issue of fake FIRs registered against entrepreneurs or innocent persons by misusing the judicial process.
DGP Prashant Kumar has instructed all police officers to follow the following SOPs (Standard Operating Procedures) in any such case in which there is doubt.
As per the order, before filing a First Information Report (FIR) against entrepreneurs, business establishments, builders, factory owners, hotel owners, operators of hospitals and nursing homes, and operators of schools and educational institutions, the police officials need to ensure through an investigation that the application submitted did not involve a business rivalry, business dispute, or civil dispute that had been given a criminal form, or if it was clear from the application that a crime had been committed.
Additionally, it will be made sure that the investigating officer gives both the plaintiff and the defendant a chance to present their case during the investigation and that the records that each party has submitted pertaining to the case are attached to the investigation report.
Through a press note, DGP Prashant Kumar informed that it has often been observed that baseless FIRs are registered against entrepreneurs, doctors, hospital operators, or builders on the basis of baseless applications without any investigation.
The Supreme Court has issued guidelines in this regard as well. According to the issued guidelines, investigations can be carried out prior to filing a formal complaint in situations involving marital and family conflicts, corporate crimes, cases of medical negligence, corruption, and other situations where there has been an unreasonable delay in filing the report.
DGP Prashant Kumar added that bogus applications are frequently filed by people seeking to re-register against entrepreneurs due to personal obligations; which further compromises the freedom to do business, so the police should look into this before re-registering.
