IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR

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ON THE 17 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 59423 of 2025 DR. MANOJ MANDERIA ALIAS MAUSAM Versus THE STATE OF MADHYA PRADESH Appearance:

Shri. Roshan Vyas - Advocate for the petitioner.

Shri. Sunil Kapoor - GA for the State.

ORDER

1. The present petition has been preferred under section 528 of the BNSS, 2023 for quashment of FIR registered at Crime no. 222 of 2017, Police Station – Nagjhiri, District – Ujjain for offence punishable under section 3(d) and 4 of the Madhya Pradesh Recognized Examinations Act, 1937 .

2. The exposition of facts giving rise to present petition, in brief, is as under:

A. The Centre Superintendent of Alpine Intitute of Technology submitted a written complaint to the SHO of P.S. Nagjhiri Distt. Ujjain on 22.08.2017 that the Police Constable Recruitment Examination(TCRT 2017) was conducted at Alpine Institute of Technology Centre in Ujjain on 22.08.2017. Candidate – Rafiq Mohammad appeared with Admission Card around 7:30 in the morning. His left hand was tied with a bandage. He informed that he had suffered hairline fracture. He was permitted to appear in examination. However, the Observer and Invigilator were keeping an eye on his activities. Around 9:16 in the morning, the Invigilator Pankaj Singh Raghuwanshi observed some unnatural movements by Rafiq Mohammad. The sound of voice communication was coming from the bandage on left hand of Rafiq Mohammad. Therefore, he was taken to the Chamber of Centre Head. When the bandage was removed, a mobile phone of LAVA company with ear phone in working condition was recovered. Rafiq Mohammad admitted that he was cheating through mobile phone in association with his friend – Dr. Manoj Manderia alias Mausam. Accordingly, the P.S. Nagjhiri registered FIR for offence punishable under section 3(d) and 4 of the Madhya Pradesh Recognized Examinations Act, 1937 against Rafiq Mohammad and Dr. Manoj Manderia alias Mausam (petitioner). The mobile phone and other documents were seized from Rafiq. Petitioner - Dr. Manoj Manderia alias Mausam was apprehended. A mobile phone bearing SIM No. 9752834612 was recovered at the instance of Dr. Manoj Manderia alias Mausam. The call detail report regarding communication between the mobile SIMs seized at the instance of Rafiq Mohammad and the petitioner was requisitioned which revealed communication between them at the relevant time. The final report was submitted on completion of investigation.

3. The impugned FIR is assailed in the present petition, mainly on following grounds:

(i) The FIR is registered on false and bogus facts. The FIR or the representation submitted by the Superintendent of Examination Centre does not mention mobile number of Rafiq or the petitioner.

(ii) As per the FIR and the complaint, Invigilator caught Rafiq Mohammad at 9:16 a.m.. The CDR of communication between mobile numbers merely shows that call for almost a minute at 9:16 a.m. There was no call between them prior to the examination.

(iii) The petitioner had called Rafiq Mohammad with regard to repair of punctured tyre. Therefore, the alleged offence is not made out against the petitioner.

On these grounds, it is prayed that the impugned FIR at Crime No.

222/2017 be quashed.

4 Learned counsel for the petitioner, in addition to the grounds mentioned in the petition, contended that the petitioner is falsely implicated in this matter merely on the basis of call detail report. There is no material substantiating involvement of the petitioner in assisting the main accused Rafiq for examination by unlawful means. Learned counsel further submits that the call detail report shows only two communications between the petitioner and main accused Rafiq on previous night of the alleged offence. No inference can be drawn on the basis of the call detail report, therefore, the prosecution against the petitioner is abuse of process of Court.

5. Per-contra, learned counsel for the St