IN THE HIGH COURT OF MADHYA PRADESH AT Indore BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR ON THE 2^nd OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 14959 of 2024 DR.DEVENDRA SWAMI Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Prakash Chandra Shrivas - Advocate for the petitioner.

Shri Tarun Pagare - Govt. Advocate for the respondent/State.

ORDER

This petition u/S 482 of Cr.P.C. has been filed assailing the impugned FIR bearing Crime No. 359/2022 registered for offence punishable u/Ss. 409, 406, 34 of IPC which has been registered at P.S. Badnagar Distt. Ujjain on the basis of FIR bearing Crime No. 85/2021 for offence punishable u/S 376(2)(j), 294 and 506 of IPC.

2. The exposition of facts, in brief, is as under:

a. The complainant - Sweety Patil submitted a written complaint to the Superintendent of Police, Distt. Ujjain inter-alia alleging that she has lodged an FIR at Crime No. 185/2021 for offence punishable u/S 376(2)(n) and 376(2)(j), 294, and 506 of IPC against Karan Morwal, a resident of Badnagar Distt. Ujjain. Karan Morwal had filed certificate issued by Dr. Devendra Swami showing his admission at Govt. Hospital Badnagar from 13.02.2021 to 15.02.2021 to secure anticipatory bail from the High Court and the Supreme Court. She had complained about forgery of the admission document before the District Magistrate, Ujjain. It was revealed in inquiry that Dr. Devendra Swami forged the admission register to show admission and treatment of Karan Morwal at the relevant time. Accordingly, the Police Station, M.G. Road, Indore registered FIR at Crime No. 180/2022 against Karan Morwal and Dr. Devendra Swami for offence punishable u/S 420, 120B, 465, 467, 468, 471, 201, 193 and 34 of IPC. The final report was submitted in the concerned matter.

b. During inquiry, it was further revealed that Dr. Devendra Swami had requisitioned the record relating to admission of Karan Morwal from Staff Nurse Ms. Varsha Shinde on 18.09.2021. Dr. Devendra Swami did not return the official admission record of Govt. Hospital, Badnagar. Therefore, he has committed criminal breach of trust by not returning the official record. On such allegations, the P.S. Badnagar, Distt. Ujjain registered FIR at Crime No. 359/2022 for offence punishable under Sections 409 and 406 of IPC. The statements of Staff Nurse Varsha Shinde and Sonam Bodkhe were recorded. The prosecution for offence punishable under Sections 211 and 477 of IPC was added. Investigation is almost complete.

3. Feeling aggrieved by registration of impugned FIR, present petition u/S 482 of Cr.P.C. is filed for quashing of FIR and subsequent proceedings on the following grounds:

1. Petitioner has been implicated on the basis of complaint lodged on false and fabricated facts.

2. The alleged offence has been registered against the petitioner under the pressure of complainant.

3. No such complaint has been made by any officer/employee of the Government Hospital, Badnagar that petitioner was handed over any record and he did not return the said record.

4. The complainant is habitual of making complaints. In past, the complainant has lodged complaint against other accused Abhishek alias Mikku Thakur and Raunak registered at Crime No. 201/2020 for offence punishable u/S 376(2)(n), 294, 323, 506 and 34 of IPC.

On these grounds, it is prayed that the impugned FIR be quashed.

4. Learned counsel for the petitioner, in addition to the grounds mentioned in the petition, contended that the petitioner is prosecuted at Crime no. 18/2022 registered at the P.S. M.G. Road on similar allegation of forging the admission register to benefit the accused Karan Morwal. Second prosecution on similar allegation is not maintainable in view of Section 300 of Cr.P.C. Therefore, the impugned FIR deserves to be quashed. Learned counsel for the petitioner relied upon the case of T.P. Gopalakrishnan Vs. State of Kerala reported in 2023(4)

MPLC 353(SC); (2022) 14 SCC 323 to buttress his contentions.

5. Per contra, learned counsel f