HIGH COURT OF MADHYA PRADESH
Vishal Mishra, J
Prakash Upadhyay – Appellant
Versus
State of Madhya Pradesh – Respondent
WRIT PETITION No. 20604 of 2025
| Table of Content |
|---|
| 1. factual history of the complainant's habitual false litigations. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner's argument regarding abuse of process and lack of evidence. (Para 7 , 8 , 9) |
| 3. police investigative findings confirm the complaint is false. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. judicial criteria for quashing firs in malicious prosecution cases. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 5. court orders quashment and directs prosecution for false complaints. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
ORDER
The present petition under Article 226 of the Constitution of India is filed assailing the FIR dated 11.6.2025 registered at Crime No. 255 of 2025 in Police Station Civil Lines, Rewa (M.P.) by the respondent No. 4 for the offence under Section 65 (2) of BNS, 2023 and Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 (for short, ‘POCSO Act’) against the petitioner.
2. Counsel appearing for the State has submitted that respondent no. 4 has been served and intimation regarding service to respondent no. 4 is uploaded in the reference column vide document dated 12.8.2025 sent by the In-charge, Police Station Civil Line, District Rewa.
3. State counsel has produced the case diary.
4. It is the case of the petitioner that he is a designated Senior Advocate practicing in the High Court of Madhya Pradesh since last more than 20 years. He belongs to a family of lawyers who all have given dedicated service to this Institution for almost more than five decades. Respondent no. 4 is the complainant and she has two minor daughters and she is in the habit of making a false and frivolous complaints regarding sexual assault against various people in her name as well as in the name of her minor daughters with ulterior motives. In order to file a criminal revision against the order dated 15.4.2024, the complainant came to the office of the petitioner. The case of the complainant was drafted and filed by the petitioner’s office on 15.5.2024. However, while preparing the matter for admission, on going through the records of the case, he came to know about the similar allegations being made by the respondent no. 4 against other persons in the past and found that the complainant is in the habit of making false and frivolous complaints in order to blackmail the people. So he asked her to engage another advocate and gave N.O.C. to the complainant on 27.9.2024. The denial of the petitioner to handle her case led to filing of frivolous complaints against the petitioner in order to blackmail him and to pressurize him. First complaint was made on 30.11.2024 against the petitioner wherein she has mentioned that she visited the petitioner’s office prior to Navratri from 3.10.2024 to 12.10.2024, the petitioner outraged her modesty. A legal notice sent by her was issued on 21.10.2024. However, in the legal notice, there was no such allegation levelled against the petitioner. The said legal notice was received on 24.10.2024. In the notice, she demanded that the petitioner to represent her in the case or return the fee which was paid to him else she would initiate legal proceedings against him. Thereafter, she made a complaint to the Superintendent of Police on 30.11.2024.
5. It is further pointed out that on 20.12.2024 the complainant went to meet the petitioner at High Court of Madhya Pradesh, Jabalpur with regard to her matter and on that date, the petitioner committed rape on her two years old daughter in front of Court Room No. 15 in the high court premises. This was a second attempt made by her to implicate the petitioner in a criminal case. Another complaint was made on 27.12.2024. The matter was investigated by the police authorities. Even CCTV footage was collected and the complaint made by the respondent no. 4 was found to be incorrect. Thereafter, the complainant again made similar complaints to the Collector, Rewa, Chief Medical Officer, Rewa, Inspector General of Police, Rewa, State Bar Council
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