Sandeep Gupta vs Anuradha on 1 April, 2026

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    Madhya Pradesh High Court

    Sandeep Gupta vs Anuradha on 1 April, 2026

    Author: Sanjeev S Kalgaonkar

    Bench: Sanjeev S Kalgaonkar

                               NEUTRAL CITATION NO. 2026:MPHC-IND:8546   1
    
    
    
                               IN THE           HIGH COURT OF MADHYA PRADESH
                                                      AT I N D O R E
                                                                  BEFORE
                                    HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                                       ON THE 1st OF APRIL, 2026
    
                                             MISC. CRIMINAL CASE No. 52458 of 2023
                                                    SANDEEP GUPTA
                                                          Versus
                                                ANURADHA AND OTHERS
                               ___________________________________________________________
                               Appearance:
                                    Shri Devendra Singh - Advocate for the petitioner.
                                    Shri Akash Rathi, learned counsel for the respondent [R-1].
                               ___________________________________________________________
                                                                    ORDER
    

    1. This petition under section 482 of the Cr.P.C ( section 528 of the
    BNSS, 2023) is filed feeling aggrieved by the order dated 24/06/2023
    passed in Criminal Revision no. 34 of 2022, whereby learned first
    Additional Sessions Judge, Shajapur rejected the revision petition and
    affirmed the order dated 06/08/2022 passed in RCT No. 718 of 2022,
    whereby learned Judicial Magistrate First Class, Shajapur took
    cognizance of offence punishable under Sections 193 read with section
    200
    , 417 and 468 of the IPC against petitioner / accused Sandeep Gupta.
    It is requested that petitioner be acquitted of all charges.

    2. The exposition of facts giving rise to present petition is as under-

    SPONSORED

    a. Respondent Anuradha (complainant) filed a private
    complaint against petitioner Sandeep Gupta (accused) before the
    Court of Judicial Magistrate First Class, Shajapur stating that she
    was married to Sandeep Gupta on 17/07/2023 at Shajapur. At the
    Signature Not Verified
    Signed by: AMOL
    NIVRUTTIRAO MAHANAG
    Signing time: 01-04-2026
    16:10:49
    NEUTRAL CITATION NO. 2026:MPHC-IND:8546 2

    time of marriage, Sandeep Gupta had executed a notarized affidavit
    stating that he had never married. In fact, Sandeep Gupta was
    already married and divorcee. After sometime of marriage,
    Sandeep Gupta started mentally harassing her. Sandeep Gupta was
    working at State Bank of India, Branch- Patan. Sandeep Gupta got
    her bank account transferred to SBI, Branch- Patan without her
    consent. When she came to know, she filed a complaint with the
    Superintendent of Police and Home Secretary at Bhopal. She also
    submitted a written complaint to the Superintendent of Police,
    District – Shajapur. No action was taken, therefore, she filed the
    written complaint.

    b. Learned Judicial Magistrate First Class, Shajapur recorded
    statement of the complainant under section 200 of the Cr.P.C and
    an inquiry report was sought from the local police station. The
    Judicial Magistrate First Class, Shajapur passed the summoning
    order dated 06/08/2022 taking cognizance of offence punishable
    under Section 193 read with Section 200 IPC and Sections 417 and
    468 of the IPC against petitioner Sandeep Gupta.

    c. Accused / petitioner Sandeep Gupta filed criminal revision
    before the Court of Sessions at Shajapur. Learned first Additional
    Sessions Judge, Shajapur affirmed the summoning order of the
    Judicial Magistrate First Class, Shajapur and rejected the criminal
    revision vide order dated 24/06/2023 passed in Criminal Revision
    no. 34 of 2022.

    3. Present petition is filed assailing the summoning order dated
    06/08/2022 and the affirmation order dated 24/06/2023 on the following
    grounds as under:

    i) Learned Courts below did not consider the fact that the bank
    Signature Not Verified
    Signed by: AMOL
    NIVRUTTIRAO MAHANAG
    Signing time: 01-04-2026
    16:10:49
    NEUTRAL CITATION NO. 2026:MPHC-IND:8546 3

    account of complainant cannot be transferred without her consent.

    There is no evidence that the petitioner had transferred the bank
    account.

    ii) The alleged affidavit was given before the Arya Samaj at the
    time of marriage. The petitioner never gave affidavit before the
    Judicial Authority / Judicial proceeding.

    iii) During short stay of the respondent with the petitioner, she got
    an attack of mirgi, which was concealed by the respondent. The
    respondent left the house of petitioner after giving threats to file
    cases against the petitioner and his family.

    iv) The respondent filed a Domestic Violence Act case against the
    petitioner on 12/05/2015, which was dismissed in default.

    v) The petitioner had filed petition under section 9 of the Hindu
    Marriage Act. He also filed a petition under section 13 of the Hindu
    Marriage Act on 24/08/2015, in which the respondent appeared
    after service of notice. The respondent filed a petition under section
    9
    of the Hindu Marriage Act before the Family Court, Bhopal on
    19/10/2016. Thereafter, the respondent lodged an FIR against the
    petitioner for offence punishable under section 498-A, 504 and 506
    of the IPC at Police Station – Shajapur on 23/10/2016.

    vi) A decree of divorce was passed by the Family Court on
    28/03/2019. The marriage between the petitioner and the
    respondent was dissolved.

    vii) The respondent never complained about the fact of previous
    marriage of the petitioner. The false allegations are leveled against
    the petitioner.

    On these grounds, it is requested that the impugned order be
    quashed and the petitioner be acquitted from alleged offence.

    Signature Not Verified

    4. Learned counsel for the petitioner, in addition to the grounds
    Signed by: AMOL
    NIVRUTTIRAO MAHANAG
    Signing time: 01-04-2026
    16:10:49
    NEUTRAL CITATION NO. 2026:MPHC-IND:8546 4

    mentioned in the petition, submits that there is no material on record to
    substantiate the fact that the petitioner was instrumental in transfer of the
    bank account of respondent from Shajapur to SBI, Branch – Patan, rather
    the Bank Officials have specifically informed that the bank account
    cannot be transferred without consent of the account holder. The offence
    punishable under section 468 of the IPC is not made out as there is no
    forgery of documents by the petitioner. Learned counsel further referring
    to the evidence of brother of respondent before the trial Court, contends
    that the affidavit of marriage was prepared by the brother of respondent,
    therefore, the petitioner cannot be held responsible for wrong mention of
    the fact. The respondent was well aware of the previous marriage of the
    petitioner. She did not allege this fact in any other previous litigation. The
    impugned order suffers from patent illegality and impropriety.

    5. Per-contra, learned counsel for the respondent referring to the
    statement of the complainant recorded under Section 200 of the Cr.P.C
    and the inquiry report submitted by local police station, submits that the
    trial Court committed no error in taking cognizance of alleged offence
    against the petitioner on the basis of material available on record. There is
    no apparent error in the summoning order which is affirmed by the
    Revisional Court. The affidavit of the petitioner clearly states that he did
    not marry earlier, whereas he was divorcee at the time of marriage with
    the respondent. Present petition is meritless.

    6. Heard both the parties and perused the record.

    7. In the matter of Delhi Race Club (1940) Ltd. v. State of U.P.,
    reported in (2024) 10 SCC 690, it was observed that-

    Scope of inquiry under Section 202CrPC

    12. It is by now well-settled that at the stage of issuing process it is not the
    duty of the court to find out as to whether the accused will be ultimately
    convicted or acquitted. The object of consideration of the merits of the case at
    this stage could only be to determine whether there are sufficient grounds for
    Signature Not Verified
    Signed by: AMOL
    NIVRUTTIRAO MAHANAG
    Signing time: 01-04-2026
    16:10:49
    NEUTRAL CITATION NO. 2026:MPHC-IND:8546 5

    proceeding further or not. Mere existence of some grounds which would be
    material in deciding whether the accused should be convicted or acquitted
    does not generally indicate that the case must necessarily fail. On the other
    hand, such grounds may indicate the need for proceeding further in order to
    discover the truth after a full and proper investigation.

    13. If, however, a bare perusal of a complaint or the evidence led in support of
    it shows essential ingredients of the offences alleged are absent or that the
    dispute is only of a civil nature or that there are such patent absurdities in
    evidence produced that it would be a waste of time to proceed further, then of
    course, the complaint is liable to be dismissed at that stage only.

    14. What the Magistrate has to determine at the stage of issue of process is not
    the correctness or the probability or improbability of individual items of
    evidence on disputable grounds, but the existence or otherwise of a prima facie
    case on the assumption that what is stated can be true unless the prosecution
    allegations are so fantastic that they cannot reasonably be held to be true.
    [See : D.N. Bhattacharjee v. State of W.B., (1972) 3 SCC 414 : 1972 SCC (Cri)
    564] ]

    17. These considerations are totally foreign to the scope and ambit of an
    inquiry under Section 202CrPC which culminates into an order under Section

    204. [See Nagawwa v. Veeranna Shivalingappa Konjalgi, (1976) 3 SCC 736 :

    1976 SCC (Cri) 507]. It is no doubt true that in this very decision this Court
    has enumerated certain illustrations as to when the order of the Magistrate
    issuing process against the accused can be quashed or set aside. These
    illustrations are as under :

    “5. … (1) Where the allegations made in the complaint or the
    statements of the witnesses recorded in support of the same taken at
    their face value make out absolutely no case against the accused or the
    complaint does not disclose the essential ingredients of an offence
    which is alleged against the accused;

    (2) Where the allegations made in the complaint are patently absurd and
    inherently improbable so that no prudent person can ever reach a
    conclusion that there is sufficient ground for proceeding against the
    accused;

    (3) Where the discretion exercised by the Magistrate in issuing process is
    capricious and arbitrary having been based either on no evidence or on
    materials which are wholly irrelevant or inadmissible; and
    (4) Where the complaint suffers from fundamental legal defects, such as,
    want of sanction, or absence of a complaint by legally competent
    authority and the like.”

    *********************

    23. This Court has time and again reminded that summoning of an accused in
    a criminal case is a serious matter. Criminal law cannot be set into motion as a
    matter of course. It is not that the complainant has to bring only two witnesses
    to support his allegations in the complaint to have the criminal law set into
    motion. The order of the Magistrate summoning the accused must reflect that
    he has applied his mind to the facts of the case and the law applicable thereto.
    He has to examine the nature of allegations made in the complaint and the
    evidence both oral and documentary in support thereof. It is not that the
    Magistrate is a silent spectator at the time of recording of preliminary evidence
    before summoning of the accused. The Magistrate has to carefully scrutinise
    Signature Not Verified
    Signed by: AMOL
    NIVRUTTIRAO MAHANAG
    Signing time: 01-04-2026
    16:10:49
    NEUTRAL CITATION NO. 2026:MPHC-IND:8546 6

    the evidence brought on record and may even himself put questions to the
    complainant and his witnesses to elicit answers to find out the truthfulness of
    the allegations or otherwise and then examine if any offence is prima facie
    committed by all or any of the accused. [See :Pepsi Foods Ltd. v. Special
    Judicial Magistrate
    , (1998) 5 SCC 749 : 1998 SCC (Cri) 1400] .

    26. In Legal Remembrancer v. Abani Kumar Banerji, 1950 SCC OnLine Cal
    49 : AIR 1950 Cal 437], a Division Bench of the Calcutta High Court speaking
    through K.C. Das Gupta, J. (as he then was) held that a Magistrate is not
    bound to take cognizance of an offence merely because a complaint is filed
    before him. He is required to carefully apply his mind to the contents of the
    complaint before taking cognizance of any offence alleged therein. The
    relevant observations read as under :

    “…As I read Section 190 of the Code of Criminal Procedure and the
    subsequent sections, it seems to me to be clear that a Magistrate is not
    bound to take cognizance of an offence, merely because a petition of
    complaint is filed before him. Mr Mukherji’s argument is that a
    Magistrate cannot possibly take any action with regard to a petition of
    complaint, without applying his mind to it, and taking cognizance of
    the offence mentioned in the complaint necessarily takes place, when
    the Magistrate’s mind is applied to the petition. Consequently Mr
    Mukherji argues, whenever a Magistrate takes the action, say, of
    issuing search warrant or asking the police to enquire and to
    investigate, he has taken cognizance of the case. In my judgment, this
    is putting a wrong connotation on the words “taking cognizance”. What
    is “taking cognizance” has not been defined in the Code of Criminal
    Procedure
    , and I have no desire now to attempt to define it. It seems to
    me clear, however, that before it can be said that any Magistrate has
    taken cognizance of any offence under Section 190(1)(a) of the Code of
    Criminal Procedure, he must not only have applied his mind to the
    contents of the petition, but he must have done so for the purpose of
    proceeding in a particular way as indicated in the subsequent
    provisions of this Chapter –proceeding under Section 200, and
    thereafter sending it for enquiry and report under Section 202. When
    the Magistrate applies his mind not for the purpose of proceeding under
    the subsequent sections of this Chapter, but for taking action of some
    other kind e.g. ordering investigation under Section 156(3), or issuing a
    search warrant for the purpose of the investigation, he cannot be said to
    have taken cognizance of the offence. My conclusion, therefore, is that
    the learned Magistrate is wrong in thinking that the Chief Presidency
    Magistrate was bound to take cognizance of the case as soon as the
    petition of complaint was filed.”

    31. In Mehmood Ul Rehman v. Khazir Mohammad Tunda, (2015) 12 SCC 420,
    this Court held thus :

    “22. …The satisfaction on the ground for proceeding would mean that
    the facts alleged in the complaint would constitute an offence, and
    when considered along with the statements recorded, would, prima
    facie, make the accused answerable before the court. … In other
    words, the Magistrate is not to act as a post office in taking cognizance
    of each and every complaint filed before him and issue process as a
    matter of course. There must be sufficient indication in the order
    Signature Not Verified
    Signed by: AMOL
    NIVRUTTIRAO MAHANAG
    Signing time: 01-04-2026
    16:10:49
    NEUTRAL CITATION NO. 2026:MPHC-IND:8546 7

    passed by the Magistrate that he is satisfied that the allegations in the
    complaint constitute an offence and when considered along with the
    statements recorded and the result of inquiry or report of investigation
    under Section 202CrPC, if any, the accused is answerable before the
    criminal court, there is ground for proceeding against the accused
    under Section 204CrPC, by issuing process for appearance.
    Application of mind is best demonstrated by disclosure of mind on the
    satisfaction. … To be called to appear before the criminal court as an
    accused is serious matter affecting one’s dignity, self-respect and
    image in society. Hence, the process of criminal court shall not be
    made a weapon of harassment.”

    32. The principle of law discernible from the aforesaid decision is that
    issuance of summons is a serious matter and, therefore, should not be done
    mechanically and it should be done only upon satisfaction on the ground for
    proceeding further in the matter against a person concerned based on the
    materials collected during the inquiry.

    34. In Sunil Bharti Mittal v. CBI, (2015) 4 SCC 609 : (2015) 2 SCC (Cri) 687],
    this Court interpreted the expression “sufficient grounds for proceeding” and
    held that there should be sufficiency of materials against the accused
    concerned before proceeding under Section 204CrPC. It was held thus :

    “53. However, the words “sufficient ground for proceeding” appearing
    in Section 204 are of immense importance. It is these words which
    amply suggest that an opinion is to be formed only after due
    application of mind that there is sufficient basis for proceeding against
    the said accused and formation of such an opinion is to be stated in the
    order itself. The order is liable to be set aside if no reason is given
    therein while coming to the conclusion that there is prima facie case
    against the accused, though the order need not contain detailed
    reasons. A fortiori, the order would be bad in law if the reason given
    turns out to be ex facie incorrect.” (emphasis supplied)

    8. In the case of Mahmood Ali & Ors. Vs. State of U.P. & Ors.
    reported in 2023 INSC 684, it is held that:

    12. At this stage, we would like to observe something important.

    Whenever an accused comes before the Court invoking either the inherent
    powers under Section 482 of the Code of Criminal Procedure (CrPC) or
    extraordinary jurisdiction under Article 226 of the Constitution to get the
    FIR or the criminal proceedings quashed essentially on the ground that
    such proceedings are manifestly frivolous or vexatious or instituted with the
    ulterior motive for wreaking vengeance, then in such circumstances the
    Court owes a duty to look into the FIR with care and a little more closely.
    We say so because once the complainant decides to proceed against the
    accused with an ulterior motive for wreaking personal vengeance, etc., then
    he would ensure that the FIR/complaint is very well drafted with all the
    necessary pleadings. The complainant would ensure that the averments
    made in the FIR/complaint are such that they disclose the necessary
    ingredients to constitute the alleged offence. Therefore, it will not be just
    enough for the Court to look into the averments made in the FIR/complaint
    alone for the purpose of ascertaining whether the necessary ingredients to
    Signature Not Verified
    Signed by: AMOL
    NIVRUTTIRAO MAHANAG
    Signing time: 01-04-2026
    16:10:49
    NEUTRAL CITATION NO. 2026:MPHC-IND:8546 8

    constitute the alleged offence are disclosed or not. In frivolous or vexatious
    proceedings, the Court owes a duty to look into many other attending
    circumstances emerging from the record of the case over and above the
    averments and, if need be, with due care and circumspection try to read in
    between the lines. The Court while exercising its jurisdiction under Section
    482
    of the CrPC or Article 226 of the Constitution need not restrict itself only
    to the stage of a case but is empowered to take into account the overall
    circumstances leading to the initiation/registration of the case as well as the
    materials collected in the course of investigation. Take for instance the case on
    hand. Multiple FIRs have been registered over a period of time. It is in the
    background of such circumstances the registration of multiple FIRs assumes
    importance, thereby attracting the issue of wreaking vengeance out of private
    or personal grudge as alleged.

    13. In State of Andhra Pradesh v. Golconda Linga Swamy, (2004) 6 SCC 522,
    a two Judge Bench of this Court elaborated on the types of materials the High
    Court can assess to quash an FIR. The Court drew a fine distinction between
    consideration of materials that were tendered as evidence and appreciation of
    such evidence. Only such material that manifestly fails to prove the accusation
    in the FIR can be considered for quashing an FIR. The Court held:-

    “5. …Authority of the court exists for advancement of justice and if any
    attempt is made to abuse that authority so as to produce injustice, the court
    has power to prevent such abuse. It would be an abuse of the process of
    the court to allow any action which would result in injustice and prevent
    promotion of justice. In exercise of the powers court would be justified to
    quash any proceeding if it finds that initiation or continuance of it amounts
    to abuse of the process of court or quashing of these proceedings would
    otherwise serve the ends of justice. When no offence is disclosed by the
    complaint, the court may examine the question of fact. When a complaint
    is sought to be quashed, it is permissible to look into the materials to
    assess what the complainant has alleged and whether any offence is made
    out even if the allegations are accepted in toto.

    6. In R.P. Kapur v. State of Punjab, AIR 1960 SC 866 : 1960 Cri LJ 1239,
    this Court summarised some categories of cases where inherent power can
    and should be exercised to quash the proceedings : (i) where it manifestly
    appears that there is a legal bar against the institution or continuance e.g.
    want of sanction; (ii) where the allegations in the first information report
    or complaint taken at its face value and accepted in their entirety do not
    constitute the offence alleged; (iii) where the allegations constitute an
    offence, but there is no legal evidence adduced or the evidence adduced
    clearly or manifestly fails to prove the charge.

    7. In dealing with the last category, it is important to bear in mind the
    distinction between a case where there is no legal evidence or where there
    is evidence which is clearly inconsistent with the accusations made, and a
    case where there is legal evidence which, on appreciation, may or may not
    support the accusations. When exercising jurisdiction under Section 482
    of the Code, the High Court would not ordinarily embark upon an enquiry
    whether the evidence in question is reliable or not or whether on a
    reasonable appreciation of it accusation would not be sustained. That is
    the function of the trial Judge. Judicial process, no doubt should not be an
    instrument of oppression, or, needless harassment. Court should be
    Signature Not Verified
    Signed by: AMOL
    NIVRUTTIRAO MAHANAG
    Signing time: 01-04-2026
    16:10:49
    NEUTRAL CITATION NO. 2026:MPHC-IND:8546 9

    circumspect and judicious in exercising discretion and should take all
    relevant facts and circumstances into consideration before issuing process,
    lest it would be an instrument in the hands of a private complainant to
    unleash vendetta to harass any person needlessly. At the same time the
    section is not an instrument handed over to an accused to short-circuit a
    prosecution and bring about its sudden death…..” (Emphasis supplied)
    (Mohd. Wajid v. State of U.P., (2023) 20 SCC 219 also relied)

    9. Section 193 of IPC provides for the punishment for false evidence
    as under–

    Whoever intentionally gives false evidence in any stage of a judicial
    proceeding, or fabricates false evidence for the purpose of being used in any
    stage of a judicial proceeding, shall be punished with imprisonment of either
    description for a term which may extend to seven years, and shall also be
    liable to fine;

    and whoever intentionally gives or fabricates false evidence in any other
    case, shall be punished with imprisonment of either description for a term
    which may extend to three years, and shall also be liable to fine.
    Explanation 1.–A trial before a Court-martial is a judicial proceeding.
    Explanation 2.–An investigation directed by law preliminary to a proceeding
    before a Court of Justice, is a stage of judicial proceeding, though that
    investigation may not take place before a Court of Justice.

    10. Section 199 of IPC provides for false statement made in declaration
    which is by law receivable as evidence as under–

    Whoever, in any declaration made or subscribed by him, which declaration
    any Court of Justice, or any public servant or other person, is bound or
    authorized by law to receive as evidence of any fact, makes any statement
    which is false, and which he either knows or believes to be false or does not
    believe to be true, touching any point material to the object for which the
    declaration is made or used, shall be punished in the same manner as if he
    gave false evidence.

    11. Section 200 of IPC provides for using as true declaration knowing it
    to be false as under–

    Whoever corruptly uses or attempts to use as true any such declaration,
    knowing the same to be false in any material point, shall be punished in the
    same manner as if he gave false evidence.

    Explanation.–A declaration which is inadmissible merely upon the ground of
    some informality, is a declaration within the meaning of Sections 199 and 200.

    12. In case of Jotish Chandra Chaudhury v. State of Bihar, 1968
    SCC OnLine SC 6, it was held that-

    3. With respect to the learned Judge, he has not considered whether any
    advantage was likely to accrue to the appellant for giving the date of birth of
    his son Subhas as June 9, 1954, instead of December 12, 1951. As far as the
    appeal pending before the learned Single Judge was concerned, it is not
    disputed that this change did not make any difference to the decision of the
    Signature Not Verified
    Signed by: AMOL
    NIVRUTTIRAO MAHANAG
    Signing time: 01-04-2026
    16:10:49
    NEUTRAL CITATION NO. 2026:MPHC-IND:8546 10

    question of impleading the minor son as a party or the decision on the question
    whether the suit was maintainable or not. Before a person can be punished
    under Section 199 IPC, it has to be proved, inter alia, that the false statement is
    ‘touching any point material to the object for which the declaration is made’.
    There is no suggestion that the change of the date of birth touched any
    material point in FA No. 227 of 1962. One of the ingredients of an offence
    under Section 200 IPC, is that the declaration should be used or attempted to
    be used corruptly. It has not been explained to us how the declaration was used
    ‘corruptly’. Considering that the date of birth was obtained from the school
    records, and that the appellant stood to gain no advantage by giving a wrong
    date, the learned Single Judge should not, in our view, have directed the
    lodging of complaint under Section 199 or Section 200 IPC It is not clear what
    other section of Indian Penal Code the learned Single Judge had in view.

    13. The material on record is examined in the light of aforestated
    propositions of law.

    14. The material on record reveals that there was matrimonial discord
    between the petitioner and the respondent. The petitioner had filed
    petitions under Sections 9 of the Hindu Marriage Act against the
    respondent on 01.06.2015. The respondent had lodged an FIR at Crime
    no. 481 of 2016 of Police Station, Shajapur against the petitioner for
    offences punishable under Sections 498-A, 504 and 506 of IPC on
    23.102016. Later, the petitioner filed application under 13 the Hindu
    Marriage Act
    against the respondent on 23.09.2017. A decree of divorce
    between the parties was passed by the Family Court, Bhopal on
    28.3.2019. It shows that the parties were involved in conflict and
    litigating in the court of law.

    15. The affidavit in question was not submitted or corruptly utilised
    before any judicial authority or in any judicial proceeding. There is no
    evidence to suggest that the complainant/ respondent was misled by the
    statement in the affidavit and she would have declined to marry the
    petitioner, if she had known about his prior divorce. The respondent never
    complained about the alleged affidavit submitted before Arya Samaj at
    the time of marriage. The brother of respondent has admitted in evidence
    that the affidavits for marriage were prepared by him.

    Signature Not Verified
    Signed by: AMOL
    NIVRUTTIRAO MAHANAG
    Signing time: 01-04-2026
    16:10:49

    NEUTRAL CITATION NO. 2026:MPHC-IND:8546 11

    16. There is no material to substantiate that the petitioner had filed any
    application for transfer of bank account of the respondent and the account
    of respondent was infact transferred at the instance of applicant. The
    Chief Manager of State Bank of India, Shajapur had informed the SHO of
    Police Station, Kotwali Shajapur vide letter dated 15.0402017 that the
    accounts is transferred only at the request of account holder. There is no
    material to suggest that the respondent had suffered any wrongful loss for
    the reason of transfer of her bank account from SBI branch Shajapur to
    SBI branch Patan. Therefore, the offense punishable under section 417 or
    468 of IPC is not prima facie made out.

    17. Apparently, the impugned complaint was filed with ulterior motive
    to wrack personal vengeance against the petitioner over matrimonial
    discord between the parties. Further, prosecution of the petitioner would
    be an abuse of the process of the Court. The trial Court and the
    Revisional Court have committed manifest error in passing the
    summoning order dated 06/08/2022 and the affirmation order dated
    24/06/2023 without due application of judicial mind to the factual
    circumstances of the matter.

    18. Consequently, the inharent jurisdiction is invoked to prevent the
    abuse of process of the Court and the impugned summoning order dated
    06/08/2022 and the affirmation order dated 24/06/2023 with
    consequential proceedings at RCT No. 718/2022 pending before the
    Judicial Magistrate First Class, Shajapur are quashed.

    19. Accordingly, the petition (MCRC no. 52458 of 2023) is allowed.

    C.C as per rules.

    (SANJEEV S KALGAONKAR)
    JUDGE

    Signature Not Verified
    amol
    Signed by: AMOL
    NIVRUTTIRAO MAHANAG
    Signing time: 01-04-2026
    16:10:49



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