Non-Filing Of Affidavit In Support Of Application U/s 156(3) CrPC A Curable Defect, Holds Uttarakhand HC [Read Judgment]

The Uttarakhand High Court has observed that non-filing of an affidavit in support of application filed under Section 156 of the Criminal Procedure Code is curable defect. In this case, the Magistrate, relying on the Apex Court judgment in Priyanka Srivastava vs. State of UP., rejected an application under Section 156, on the ground that it was not accompanied with an affidavit. The court explained the Supreme Court judgment in Priyanka Srivastava, by making following observations: If the direction as given by the Hon'ble Apex Court as mandated by paragraph 27 to 32, which has been quoted above, it rather also castes a responsibility on the Magistrate concerned also before whom the application is filed has to ensure that an application filed under Section 156 is supported by a duly sworn affidavit filed by the applicant, who is seeking invocation of the jurisdiction under Section 156. The said responsibility as enunciated in the judgment of the Hon'ble Apex Court has shouldered the responsibilities on the Magistrate also, who is supposed to discharge a duty casted by law to ensure that every application filed under Section 156 is entertained only when it is supported by an affidavit.