Madhya Pradesh High Court
Pawan Mittal vs State Of Madhya Pradesh on 31 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:25383
1 MCRC-37442-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE B. P. SHARMA
ON THE 31st OF MARCH, 2026
MISC. CRIMINAL CASE No. 37442 of 2024
PAWAN MITTAL AND OTHERS
Versus
STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anuj Agarwal - Advocate for petitioners.
Shri Aditya Jain - Advocate for respondent Nos. 2 & 3.
Shri Jitendra Shrivastava - PL for respondent/State.
ORDER
The present petition has been filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code
of Criminal Procedure, 1973) seeking quashment of the order dated
25.05.2024 passed by the learned Judicial Magistrate First Class, Katni in
UNCR No. 1885/2022, whereby the learned Magistrate directed registration
of an FIR against the present petitioners. Pursuant to the said order, FIR No.
321/2024 has been registered at Police Station Sleemnabad, District Katni.
2. The dispute arises out of demarcation proceedings initiated at the
instance of M/s Ankit Tracam Pvt. Ltd. with respect to certain land situated
at Katni. On an application filed by the said Company under Section 129 of
the M.P. Land Revenue Code, the revenue authorities conducted spot
inspection and demarcation proceedings. Thereafter, proceedings for removal
of encroachment were undertaken under Section 250 of the said Code. By
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 31-03-2026
18:24:44
NEUTRAL CITATION NO. 2026:MPHC-JBP:25383
2 MCRC-37442-2024
order dated 28.02.2019, the Naib Tehsildar directed removal of the
encroachment and restoration of possession of the land to the Company. In
compliance with the said order, the revenue authorities removed the
encroachment and restored possession of the land to the Company on
15.07.2020 after preparation of a spot panchnama.
3. The legal heirs of late Narendra Jain challenged the said
proceedings before the Sub-Divisional Officer; however, the appeal was
dismissed by order dated 28.11.2020. Thereafter, W.P. No. 11015/2021 was
filed before this Court. By order passed in the said writ petition, the earlier
revenue proceedings were set aside on the limited ground that Narendra Jain
had expired prior to the earlier demarcation proceedings. This Court also
directed the competent authority to conduct an enquiry against the erring
officials.
4. Pursuant to the aforesaid directions, departmental proceedings
were initiated against the concerned Revenue Inspector and fresh
demarcation proceedings were undertaken during October-November 2022
after issuing notices to all stakeholders, including respondent Nos. 2 to 5.
Upon such fresh demarcation, the revenue authorities again found respondent
Nos. 2 to 5 to be encroachers over the land belonging to the Company.
5. In the meantime, petitioner No. 1 had also lodged an FIR against
respondent Nos. 2 and 3 in the year 2021 in relation to disputes concerning
the said land. Thereafter, allegedly as a counterblast to the aforesaid FIR,
respondent Nos. 2 to 5 filed a complaint before the learned Magistrate
alleging commission of offences under Sections 166, 167, 182, 193, 197,
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 31-03-2026
18:24:44
NEUTRAL CITATION NO. 2026:MPHC-JBP:25383
3 MCRC-37442-2024
198, 199, 200, 208, 209, 218, 219, 420, 467, 468, 471, 211, 120-B and 34 of
the IPC against the present petitioners and certain revenue officials. The
primary allegation in the complaint was that the earlier demarcation
proceedings falsely recorded the presence of Narendra Jain despite the fact
that he had expired prior thereto.
6. The learned Magistrate examined respondent No. 2 under Section
200 of the Code of Criminal Procedure. Thereafter, by order dated
25.05.2024, the learned Judicial Magistrate First Class, Katni directed
registration of an FIR under Section 156(3) of the Cr.P.C. Aggrieved by the
said order and the consequential FIR registered against them, the present
petition has been filed seeking quashment of the impugned order as well as
the ensuing criminal proceedings.
7. Learned counsel for the petitioners submits that the petitioners are
not signatories to any of the demarcation proceedings conducted by the
revenue authorities. It is contended that no specific overt act has been
attributed to the petitioners in the complaint. The entire dispute, according to
the petitioners, essentially arises out of a land dispute and is civil in nature.
8. It is further submitted that the learned Magistrate has passed the
impugned order in a mechanical manner without recording any satisfaction
regarding the ingredients of the offences alleged in the complaint. Learned
counsel submits that the complaint merely contains bald and omnibus
allegations without specifying the role of the present petitioners.
9. It is also contended that in the subsequent demarcation
proceedings conducted in October-November 2022, respondent Nos. 2 to 5
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 31-03-2026
18:24:44
NEUTRAL CITATION NO. 2026:MPHC-JBP:25383
4 MCRC-37442-2024
were again found to be encroachers over the land belonging to the Company.
The Company had filed an application under Section 250 of the M.P. Land
Revenue Code solely on the basis of the report submitted by the Revenue
Inspector regarding encroachment. The petitioners, according to the learned
counsel, had no personal knowledge about the death of Narendra Jain at the
relevant point of time.
10. Learned counsel for the petitioners has also produced a chart
containing a brief analysis of the provisions invoked in the complaint and
submits that none of the essential ingredients of the offences punishable
under Sections 166, 167, 182, 193, 197, 198, 199, 200, 208, 209, 218, 219,
420, 467, 468, 471, 211, 120-B and 34 of the IPC are made out against the
present petitioners. It is, therefore, contended that the impugned order is
manifestly illegal and arbitrary and amounts to abuse of the process of law.
Continuation of the criminal proceedings against the petitioners, who are
neither public servants nor the authors of any alleged false record, would
result in gross miscarriage of justice. Learned counsel for the petitioner has
placed reliance upon the judgments of Hon’ble Supreme Court in the case of
Sheila Sebastian Vs. R. Jawaharaj (AIR 2018 SC 2434) and Mohd. Ibrahim
Vs. State of Bihar [(2009) 8 SCC 751] and the decision of this Court in the
case of Smt. Usha Ajay Singh Vs. State of M.P. decided on 27.3.2023 (Cr.A.
No.180/2018) and the decision of Gwalior Bench in the case of Smt. Asha
Shivhare and Ors. Vs. Pradeep Shivhare decided on 16.12.2025 (M.Cr.C.
No.9270/2024). In view of the aforesaid, it is prayed that the impugned order
dated 25.05.2024 passed by the learned Judicial Magistrate First Class and
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 31-03-2026
18:24:44
NEUTRAL CITATION NO. 2026:MPHC-JBP:25383
5 MCRC-37442-2024
consequence thereto FIR No. 321/2024 has been registered at Police Station
Sleemnabad, District Katni may be set aside.
1 1 . Per contra, learned counsel appearing for respondents has
opposed the petition and supported the impugned order passed by the learned
Magistrate. It is submitted that the complaint discloses commission of
cognizable offences and the learned Magistrate, upon due consideration of
the material available on record, has rightly exercised powers under Section
156(3) of the Cr.P.C. for registration of the FIR.
12. It is further submitted that the allegations made in the complaint
disclose serious offences relating to fabrication of records, cheating and
criminal conspiracy, which require proper investigation by the police. At this
preliminary stage, the Court ought not to examine the veracity of the
allegations or conduct a meticulous analysis of the evidence.
13. Learned counsel thus submits that the learned Magistrate has
passed the impugned order after considering the statement recorded under
Section 200 of the Cr.P.C. and the material placed before him, and therefore
the order directing registration of the FIR does not suffer from any illegality
warranting interference by this Court in exercise of its inherent jurisdiction.
It is accordingly prayed that the present petition, being devoid of merit,
deserves to be dismissed.
14. This Court has carefully considered the rival submissions and
perused the material available on record. Upon such consideration, this Court
finds that the continuation of the criminal proceedings against the present
petitioners would amount to abuse of the process of law.
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 31-03-2026
18:24:44
NEUTRAL CITATION NO. 2026:MPHC-JBP:25383
6 MCRC-37442-2024
15. At the outset, it is evident that the entire genesis of the dispute lies
in demarcation proceedings undertaken by the revenue authorities under the
provisions of the M.P. Land Revenue Code. The demarcation report, which
forms the foundation of the criminal case, is an official document prepared
by the competent revenue officials in discharge of their duties. There is
nothing on record to indicate that the present petitioners had any role
whatsoever in the preparation of the said report.
16. It is of considerable significance that the petitioners have not
signed any official or unofficial document relating either to the demarcation
proceedings or to the mutation proceedings. There is also no material to
demonstrate that the petitioners had made any representation or
communication to any authority regarding the status, presence, or death of
late Narendra Jain. The allegation that a deceased person was shown as
present in the demarcation report, even if accepted on its face, pertains to the
conduct of the revenue officials who prepared such report, and not to the
petitioners.
17. Further, this Court finds that there is absolutely no material on
record to establish any meeting of minds or agreement so as to constitute an
offence of criminal conspiracy. The essential ingredient of mens rea is
conspicuously absent. Mere allegation that the petitioners may have derived
some indirect advantage from the demarcation proceedings cannot, in law,
be sufficient to infer their involvement in a criminal conspiracy, particularly
in the absence of any cogent evidence.
18. It is also noteworthy that the petitioners cannot be said to be
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 31-03-2026
18:24:44
NEUTRAL CITATION NO. 2026:MPHC-JBP:25383
7 MCRC-37442-2024
beneficiaries of any alleged false information regarding the death or presence
of late Narendra Jain. The record does not disclose as to who furnished such
information to the revenue authorities, nor does it indicate any active role
played by the petitioners in that regard. In absence of such foundational
facts, fastening criminal liability upon the petitioners would be wholly
unjustified.
19. This Court further finds that there is no legally admissible evidence
available against the petitioners which would even prima facie connect them
with the commission of the alleged offences. The allegations, as they stand,
are vague, omnibus and lacking in specificity.
20. A perusal of the order passed by the learned Magistrate under
Section 156(3) Cr.P.C. reveals that the same has been passed without proper
application of judicial mind. The Magistrate has failed to consider whether
the complaint discloses the essential ingredients of the offences alleged or
whether there exists sufficient material to direct registration of FIR. The
order appears to have been passed in a mechanical manner.
21. In the considered opinion of this Court, the criminal proceedings in
the present case have been initiated on a misconceived premise, arising out
of a civil dispute, and are clearly attended with mala fide intent. Continuation
of such proceedings would not only amount to abuse of the process of law
but would also result in miscarriage of justice.
22. In view of the aforesaid analysis, this Court is of the considered
view that the present petition deserves to be allowed. Accordingly, the
petition is allowed. The order dated 25.05.2024 passed by the Learned
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 31-03-2026
18:24:44
NEUTRAL CITATION NO. 2026:MPHC-JBP:25383
8 MCRC-37442-2024
Judicial Magistrate First Class, Katni in UNCR No.1885/2022 directing
registration of FIR, and subsequently FIR No.321/2024 registered at Police
Station Sleemnabad, District Katni, along with all subsequent proceedings
arising therefrom, are hereby quashed against the present petitioners only.
No order as to costs.
(B. P. SHARMA)
JUDGE
PG
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 31-03-2026
18:24:44
