The petitioner, in his plea, has submitted,"There is no

clear and direct provision which binds a public servant or a court to file a complaint in a court of law against such persons who have been found to lodge false complaints. "Therefore, the law enforcing agencies are mostly not inclined to file a complaint in the court of law for the offence punishable under section 182 against such complainant. While the victim of the false complaint has grievance, the police office/public servant hardly has any grievance or feeling of retribution against the complainant making the false complaint." Section 182 of the IPC deals with the issue of a false complaint or false information made by a person against another to a police officer or public servant. While the public servants who are expected to file complaints for such offences are not under any legal obligation to file complaint, the victim of a false complaint has no power to lodge a complaint as there is a bar under section 195 CrPC, Yadav has said. "Such a situation has resulted in unbridled misuse of this grey area in the legal system and is being exploited," he has alleged. He has also submitted in his plea that filing of a false case against a person makes the individual an accused in a criminal case and adversely affects his/her fundamental right under Article 21 of the Constitution. "Petitioner further submits that a person has a fundamental right guaranteed under Article 21 of the Constitution not to be subjected to malicious prosecution as the same adversely affects his right to reputation, which is undoubtedly tarnished as it exposes him to several adverse consequences as an accused in a pending criminal case," according to the plea.