IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE WRIT PETITION No. 6243 of 2014 VED PRAKASH SHARMA Versus CHHOTELAL Appearance:

None for the petitioner.

Shri Hardayesh Kumar Shukla - Advocate for respondent [R-1].

WITH WRIT PETITION No. 6244 of 2014 VED PRAKASH SHARMA Versus KALICHARAN KHATIK Appearance:

None for the petitioner.

Shri Hardayesh Kumar Shukla - Advocate for respondent [R-1].

WRIT PETITION No. 6283 of 2014 N.K.GUPTA Versus CHHOTELAL Appearance:

None for the petitioner.

Shri Hardayesh Kumar Shukla - Advocate for respondent [R-1].

WRIT PETITION No. 6291 of 2014 SHASHIKANT NAYAK Versus KALICHARAN KHATIK Appearance:

None for the petitioner.

Shri Hardayesh Kumar Shukla - Advocate for respondent [R-1].

WRIT PETITION No. 6531 of 2014 LOKENDRA SINGH CHAUHAN Versus CHHOTELAL AND OTHERS Appearance:

Shri P.D. Bidua - Advocate for petitioner.

Shri Hardayesh Kumar Shukla - Advocate for respondent [R-1].

WRIT PETITION No. 6532 of 2014 LOKENDRA SINGH CHAUHAN Versus KALI CHARAN AND OTHERS Appearance:

Shri P.D. Bidua - Advocate for petitioner.

Shri Hardayesh Kumar Shukla - Advocate for respondent [R-1].

WRIT PETITION No. 6599 of 2014 VIKRAM SINGH Versus KALI CHARAN AND OTHERS Appearance:

Shri P.D. Bidua - Advocate for petitioner.

Shri Hardayesh Kumar Shukla - Advocate for respondent [R-1].

Heard on : 13.11.2025 Pronounced on : 25 .11.2025 ORDER Writ Petition No.6243 of 2014 (Ved Prakash Sharma Vs. Chhotelal) is taken as leading writ petition as the issue involved in this batch of writ petitions is common, therefore, they all are being decided by this common order.

2. The petitioners, who were officials of the Municipal Corporation, Gwalior, have approached this Court seeking quashment of the impugned order dated 18.09.2014 passed by the Special Judge (Madhya Pradesh Dacoity Avam Vyapaharan Prabhavit Kshetra Adhiniyam, 1981) in Special Sessions Trial Nos. 30/2014 and 31/2014, whereby cognizance has been taken against them for offences under Sections 452, 392, 394, 323 of the IPC read with Sections 11 and 13 of the MPDVPK Act. The petitioners have also sought quashment of the entire proceedings arising out of the said special trials.

3. In brief, the facts of the case are that a private complaint was filed by the respondent/complainant alleging that he has been a tenant of Shops No. 23 to 33 of the Municipal Corporation, Gwalior since 1976, and that a decree dated 26.04.2004 passed by the Sixth Civil Judge, Class-II, restrains the Corporation from dispossessing him without due process of law. It is further alleged in the complaint that on 18.07.2013 at about 11:30 AM, the petitioners along with other co-accused, who are officials of the Municipal Corporation, visited the shops of the respondent/complainant, forcibly dispossessed him, took away Rs. 2,000/-, and threatened him with false implications if he lodged a complaint. The complainant led oral evidence under Sections 200 and 202 of Cr.P.C. before the learned Magistrate in support of the allegations.

4. The respondent/complainant was a licensee of Chabutaras (platforms) of the Municipal Corporation and was engaged in the business of selling animal flesh. This Court, in Writ Petition No. 302/2000 (PIL), directed the Corporation to stop open trading of meat within the municipal limits. For non-compliance, Contempt Petition No. 148/2008 was filed, in which this Court again directed the Corporation to prevent open trading of meat. Routine inspections revealed that the respondent/complainant was openly carrying on meat trade in Chandra Shekhar Market, Hajeera, Gwalior —property owned by the Municipal Corporation. He had unauthorizedly taken possession of shops of the Corporation and commenced open trading of meat in violation of the Court’s directions. It is admitted that the respondent/complainant was allotted only Chabutara, and not shops, on monthly licence fee. The civil court decree relied on by him pertains solely to Chabutaras and not to the shops in qu