IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI ON THE 10^th OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 56638 of 2025 SOMNATH KUSHWAHA Versus RAMADHAR KUSHWAHA AND OTHERS Appearance:

Shri Ram Suphal Verma - Advocate for the petitioner.

Shri Amit Garg - Panel Lawyer for the State.

ORDER This petition has been filed under Section 528 of B.N.S.S., 2023 being aggrieved by the non-compliance of the order dated 28.09.2025, whereby the respondents were directed to submit a status report in the complaint filed under section 175 of the Bharatiya Nagarik Suraksha Sanhita.

2. Learned counsel for the petitioner submits that petitioner filed a complaint under Section 175 of the BNSS, 2023, alleging that the respondents/non-applicants committed forgery by affixing a false signature of the applicant on a loan document dated 18.12.2023. Based on this forged document, the respondents have instituted a civil suit seeking recovery of an amount of Rs.5,00,000/-. It is further submitted that the respondent Nos.1 & 2 have forged the Kabuliyat-Nama dated

20.12.2008, 27.06.2007 in respect of agricultural land by signing the documents, whereas the applicant used only a thumb impression and did not execute signatures. When the applicant came to know about the forgery committed by the respondents, he immediately lodged a complaint before the Police Station, Sirmour on 09.06.2023 and thereafter submitted a complaint before the Superintendent of Police, however, no FIR was registered based on the complaint. It is further submitted that the petitioner thereafter filed a complaint alleging offences under Sections 420, 467, 468, 471 read with Section 34 of the IPC. The trial Court directed the Police Authorities to submit a status report on 27.07.2024 and posted the matter for 28.09.2024. On 28.09.2024, the status report was still awaited, and the matter was adjourned to 21.01.2025. It is further submitted that the offences alleged are cognizable and non-bailable in nature, and since the complaint pertains to forged documents, prima-facie case is made out. In such circumstances, the concerned Police Station is duty-bound to register an FIR. However, despite the trial court’s order, the status report was not submitted, amounting to clear disobedience of the Court’s direction. Hence, it is prayed that the present petition be allowed the concerned Police Authorities be directed to lodge an FIR against the respondents.

3. Learned Panel Lawyer for the State has opposed the prayer made by counsel for the petitioner and prayed that the petition be dismissed.

4. Heard the learned counsel for the parties.

5. Considering the overall facts and circumstances of the case, learned counsel for the State is directed to submit the status report before the trial Court positively within a period of 30 days and thereafter, the learned trial Court is also directed to decide the case as per the Provisions of law within a period of two months from today.

6. With the aforesaid, petition is disposed of.

7. Copy of this order be sent to the concerned Court for compliance.

(HIMANSHU JOSHI)

JUDGE pn