IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI

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ON THE 14 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 55177 of 2025 KAMAL NATH Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Ajay Bagadia - Senior Advocate (through V.C.) with Shri Saily Purandare & Shri Dhruv Singh - Advocate for the petitioner.

Shri Achyutendra Singh Bagel - Govt. Advocate for respondent/State.

ORDER The present petition has been filed by the applicant under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, invoking the inherent jurisdiction of this Court for quashment of FIR No. 244/2020 dated 06.10.2020, registered at Police Station Bhander, District Datia, for alleged offences punishable under Sections 188, 269 and 270 of the Indian Penal Code, 1860 and Section 51(b) of the Disaster Management Act, 2005, along with all proceedings consequent thereto.

2. The applicant is a senior political leader aged about 78 years and, as disclosed in the petition itself, has been actively associated with political programmes and public engagements during the relevant period. The period in question coincided with enforcement of the Model Code of Conduct on account of the forthcoming Legislative Assembly elections and with the subsistence of statutory and administrative restrictions imposed for containment of the COVID-19 pandemic.

3. The impugned FIR traces its origin to a written complaint submitted by Arvind Mahor, Returning Officer for Assembly Constituency No. 21 (Bhander), District Datia, to the Station House Officer, Police Station Bhander. The Returning Officer was, at the relevant time, entrusted with statutory responsibility to supervise election-related activities and to ensure compliance with orders issued under election laws, prohibitory orders under Section 144 of the Code of Criminal Procedure, and directions issued by the State Government and the High Court in relation to COVID-19 management.

4. The record reveals that an application seeking permission to hold a political public meeting at Mandi Prangan, Bhander, on 05.10.2020 between 10:00 AM and 3:00 PM was submitted by Nahar Singh Yadav, who was then the President of the District Congress Committee, Datia. Along with the application, written undertakings were furnished by Rampal Singh, Narayan Singh, Ramkumar Tiwari, Radhelal and Brijlal Shivhare, who described themselves as organisers of the event and undertook to ensure compliance with all conditions imposed by the competent authority, including adherence to COVID-19 protocols and numerical restrictions on attendance.

5. Upon consideration of the said application and undertakings, the Returning Officer granted conditional permission on 01.10.2020. The permission order specifically stipulated compliance with the Model Code of Conduct, observance of COVID-19 safety measures, restriction on the number of persons attending the meeting, and strict adherence to prohibitory orders issued under Section 144 CrPC. The permission order also referred to prevailing administrative and judicial directions governing political activities during the pandemic.

6. In order to monitor compliance with the aforesaid conditions, the District Administration deployed multiple enforcement and surveillance teams at the venue, including the Flying Squad Team, Static Surveillance Team and Video Surveillance Team, as well as the Block Medical Officer, Bhander. These teams were assigned the task of monitoring the meeting, recording compliance or non-compliance with the imposed conditions, and submitting contemporaneous reports supported by video recordings.

7. As borne out from the record, the public meeting was held on

05.10.2020 at the permitted location. During the course of the meeting, the surveillance teams prepared written reports and video footage capturing the conduct of the event, the presence of political leaders on the dais and within the gathering, and the size and density of the assembled crowd.

8. On examination of the rep