Madhya Pradesh High Court
Nand Kishore Pandey vs The State Of Madhya Pradesh on 10 March, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:19112
1 CRA-9230-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 10th OF MARCH, 2026
CRIMINAL APPEAL No. 9230 of 2024
NAND KISHORE PANDEY AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vivek Shukla - Advocate for the appellants.
Shri Amit Singh Baghel - Panel Lawyer for the respondent/State.
None for the respondent No.2.
JUDGMENT
This criminal appeal under Section 14-A(2) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed by
the appellants/accused assailing the order dated 09.05.2024 passed by the
learned Special Sessions Judge, Shahdol (M.P.) in ST No.77/2014 whereby
the charges for the offences punishable under Sections 420, 467, 468, 471
and 120-B of IPC and Section 3(2)(v) of the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 have been framed against the appellant/accused.
2. The facts giving rise to the present appeal are that Tehsildar Sohagpur
Shri Dharmendra Kumar Mishra, the then Tehsildar Sohagpur, presented the
investigation report of document no. 78 dated 30/05/2009 of the Sub
Registrar Sohagpur, on the basis of which a case was registered against the
accused (1) PACL India Company (2) Kamalveer Tyagi (3) Damodar Prasad
Mishra (4) Ranglal Kewat in Kotwali Police Station Shahdol under Sections
Signature Not Verified
Signed by: DINESH VERMA
Signing time: 02-04-2026
15:25:03
NEUTRAL CITATION NO. 2026:MPHC-JBP:19112
2 CRA-9230-2024
420, 467, 468, 120B of IPC and taken into investigation. In which it was
found that the accused as mentioned above were the then Sub Registrar
Sandhya Singh, Rohini alias Manju, Nandkumar Pandey, Navdurgesh Mishra
Kamalveer Tyagi PACL Company AGM and broker V.T.K. company, Tarun
Sharma and Vikram Singh, residents of Gurgaon (Machana Colony), in
collusion, prepared fake loan book and other documents and conspired
through a criminal conspiracy team by making a fake person, Buddhsen
Kewat, resident of Mahua Tola, stand in place of Buddhsen Gond and by
affixing a fake photograph, prepared a fake General Power of Attorney.
During the visit by Sub Registrar Sandhya Singh to the house of accused
Navdurgesh Mishra, without registering the fake documents, the power of
attorney of 5.691 hectares of land, totaling 20 kitas, of witness Buddhsen
Gond, resident of Belia, Gohparu, was registered in the name of PACL
Company accused Kamalveer Tyagi and the said accused have deliberately
signed the written power of attorney in a fake manner. In the investigation,
Sections 471 of the Indian Penal Code and 3(1)4 of the SC/ST Act have been
added.
3 . The learned Special Sessions Judge, Shahdol by impugned order dated
09.05.2024 has framed charges against accused/appellants for the offences
punishable under Sections 420, 467, 468, 471 and 120-B of IPC and Section
3(2)(v) of the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
4. Learned counsel appearing on behalf of the present appellants has
submitted that the appellants, namely Nand Kishore Pandey and Manju @
Rahani, are not Directors of the company. The prosecution has neither
Signature Not Verified
Signed by: DINESH VERMA
Signing time: 02-04-2026
15:25:03
NEUTRAL CITATION NO. 2026:MPHC-JBP:19112
3 CRA-9230-2024
produced any documentary evidence nor adduced any cogent material to
establish that the present appellants hold the position of Directors in VTK
Property Pvt. Ltd. It is further submitted that there is no evidence on record
to show that the present appellants were involved in the alleged offence in
any manner whatsoever. The appellants have been implicated solely on the
basis of an alleged directorship, as stated in the report submitted by the
concerned Tehsildar. In the absence of any proof of their directorship or
involvement in the alleged transaction, the charges framed against the
present appellants are wholly baseless, untenable in law, and liable to be set
aside.
5 . Per contra, learned counsel for the respondent/State opposed the appeal;
however, he fairly admitted that there is no evidence on record to show that
the present appellants were functioning as Directors of the company, nor is
there any material to establish that they acted as brokers for VTK Property
Pvt. Ltd., as no document to this effect is available on record implicating
them in the alleged offence. It is, nevertheless, contended that, on the basis
of the material available on record, the learned Trial Court has rightly framed
the charges against the appellants and, therefore, no interference with the
impugned order of framing of charge is warranted..
6. I have heard learned counsel for the parties at length and have perused
the material available on record.
7. Having heard the learned counsel for the parties and upon perusal of the
record, it appears that, as per the prosecution story, the Sub-Registrar,
Sandhya Singh; Rohini alias Manju; Nandkumar Pandey; Navdurgesh
Signature Not Verified
Signed by: DINESH VERMA
Signing time: 02-04-2026
15:25:03
NEUTRAL CITATION NO. 2026:MPHC-JBP:19112
4 CRA-9230-2024
Mishra; Kamalveer Tyagi, AGM of PACL Company; and brokers of V.T.K.
Company, namely Tarun Sharma and Vikram Singh, residents of Gurgaon
(Machana Colony), in collusion with one another, prepared a fake loan book
and other documents. It is alleged that they entered into a criminal conspiracy
and, by impersonating one Buddhsen Kewat, resident of Mahua Tola, in
place of Buddhsen Gond, and by affixing a forged photograph, executed a
document in respect of land admeasuring 5.691 hectares in favour of Kamal
Tyagi of PACL Company. It is conceded by the learned Government
Advocate appearing on behalf of the State that the present appellants, namely
Nand Kishore Pandey and Manju @ Rahani, have been implicated in the
case solely on the basis that they are Directors/brokers of the V.T.K.
Company. This Court had granted time to the prosecution to collect and
submit any documentary evidence establishing that the present appellants
were Directors or brokers of the said company; however, no such document
has been collected or placed on record. It is further conceded by the learned
Government Advocate that, apart from the aforesaid allegation, there is no
evidence available on record against the present appellants. In the absence of
any evidence and in view of the fact that the appellants are not shown to be
Directors or brokers of the company involved in the alleged offence, no
prima facie case is made out against them. Accordingly, the present
appellants are entitled to be discharged from the offences punishable under
Sections 420, 467, 468, 471, and 120-B of the IPC, as well as Section 3(2)(v)
of the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
8 . Resultantly, the criminal appeal is allowed. The impugned order dated
Signature Not Verified
Signed by: DINESH VERMA
Signing time: 02-04-2026
15:25:03
NEUTRAL CITATION NO. 2026:MPHC-JBP:19112
5 CRA-9230-2024
09.05.2024 passed by the learned Special Sessions Judge, Shahdol (M.P.) in
ST No.77/2014 so far as it relates to framing the charges for the offences
punishable under Sections 420, 467, 468, 471 and 120-B of IPC and Section
3(2)(v) of the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against
the present appellants, is hereby set aside. The appellants, namely, Nand
Kishore Pandey and Manju @ Rohani stand discharged of the offence under
Sections 420, 467, 468, 471 and 120-B of IPC and Section 3(2)(v) of
the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
9 . Needless to mention here that this Court has not expressed any opinion
on the merits of the case.
10. The appeal stands allowed and disposed off to the extent indicated
above.
(RAJENDRA KUMAR VANI)
JUDGE
DV
Signature Not Verified
Signed by: DINESH VERMA
Signing time: 02-04-2026
15:25:03
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