IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

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ON THE 17 OF OCTOBER, 2025 MISC. CRIMINAL CASE No. 46209 of 2025 BHIM SHANKAR SHARMA AND OTHERS Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Vijay Dutta Sharma - Advocate for the petitioner [P-1].

Shri Dinesh Savita Ga appearing on behalf of Advocate General[r-1].

ORDER The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 482 Cr.P.C., 1973) seeking quashment of the charge sheet filed in Crime No. 471/2016 at Police Station Dehat, District Bhind (M.P.), as well as the proceedings of Sessions Trial No. 264/2016 pending before the Court of the Additional Sessions Judge, District Bhind. The petitioners have further sought quashing of all consequential proceedings arising out of the said investigation.

2. Prosecution story, in short, is that the complainant, Jai Raj Singh, R/o Village Garhi, Police Station Mehgaon, District Bhind, submitted a written complaint to the Superintendent of Police, Bhind. In his complaint, he alleged that Vikram Sharma, Bhim Shankar Sharma, and other persons had prepared a forged birth certificate of accused Lucky alias Rudransh Sharma, reducing his age by one year, in order to obtain undue benefit of bail in Crime No. 625/2015 under Sections 302, 307, 294, 341, 34 IPC, registered at Police Station City Kotwali, Bhind. On receiving the complaint, an inquiry was conducted. During the inquiry, the statements of the complainant and the witnesses were recorded. Documentary evidence regarding the birth details of accused Rudransh alias Lucky Sharma was collected. The documents Birth Register, Birth Certificate, Class 5 marksheet and Class 10 marksheet show the actual date of birth as 29/10/1997. However, in the affidavit submitted before the Tehsil Court, Bhind, by accused Vikram Sharma (brother of Lucky alias Rudransh), the date of birth was intentionally mentioned as 29/10/1998, and it was falsely stated that the child was born at home. Contrary to this false affidavit, the Birth Register shows the correct entries i.e. Birth Registration No.: 3035, Registration Date: 31/12/1997, Date of Birth: 29/10/1997, Place of Birth: District Hospital, Bhind, Name of child: Rudransh, Father's name : Bhim Shankar Sharma, Mother's name: Asha Devi, Address: Lashkar Road, Bhind. These entries confirm that the information given in the affidavit is false and fabricated. Based on the inquiry and collected evidence, prima facie it is established that accused persons Vikram Sharma, Rudransh alias Lucky Sharma, Bhim Shankar Sharma, Asha Devi Sharma, Meena Sharma, Archana Sharma, Rakesh Tiwari, and R.K. Tiwari conspired together to prepare, use, and present forged documents before the court, with the intention to mislead the Court. Thus, offences under Sections 420, 466, 467, 468, 471, 474, 196, 197, 199, and 120-B of the IPC has been registered against the petitioner.

3. Learned counsel for the petitioner submitted that the investigation in the present case was initiated on the basis of the FIR in Crime No. 471/2016. After completion of the initial investigation, the chargesheet was filed only against three accused persons, namely Rajendra Kumar, Rakesh Kumar Tiwari, and Vikram Sharma. The investigation against the petitioners was specifically kept open under Section 173(8) Cr.P.C., 1973, indicating that no material was available against them at that stage. Subsequently, after the arrest of the petitioners, a supplementary chargesheet was filed. The filing of the supplementary chargesheet is not based on any new or cogent material, but merely on assumptions and inferences which do not satisfy the essential ingredients of the alleged offences. During the period of investigation, Petitioner No. 1, Bhim Shankar Sharma, had approached this Court by filing MCRC No. 14186/2016 seeking quashment of the FIR. The petition remained pending for several years and was