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NEUTRAL CITATION NO. 2026:MPHC-JBP:25383

1 MCRC-37442-2024 IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR BEFORE

HON'BLE SHRI JUSTICE B. P. SHARMA st ON THE 31 OF MARCH, 2026

MISC. CRIMINAL CASE No. 37442 of 2024 PAWAN MITTAL AND OTHERS

Versus STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Anuj Agarwal - Advocate for petitioners.

Shri Aditya Jain - Advocate for respondent Nos. 2 & 3.

Shri Jitendra Shrivastava - PL for respondent/State.

ORDER

The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973) seeking quashment of the order dated 25.05.2024 passed by the learned Judicial Magistrate First Class, Katni in UNCR No. 1885/2022, whereby the learned Magistrate directed registration of an FIR against the present petitioners. Pursuant to the said order, FIR No.

321/2024 has been registered at Police Station Sleemnabad, District Katni.

2. The dispute arises out of demarcation proceedings initiated at the instance of M/s Ankit Tracam Pvt. Ltd. with respect to certain land situated at Katni. On an application filed by the said Company under Section 129 of the M.P. Land Revenue Code, the revenue authorities conducted spot inspection and demarcation proceedings. Thereafter, proceedings for removal of encroachment were undertaken under Section 250 of the said Code. By

Signature Not Verified

Signed by: PARMESHWAR

GOPE

Signing time: 31-03-2026

18:24:44

NEUTRAL CITATION NO. 2026:MPHC-JBP:25383

2 MCRC-37442-2024 order dated 28.02.2019, the Naib Tehsildar directed removal of the encroachment and restoration of possession of the land to the Company. In compliance with the said order, the revenue authorities removed the encroachment and restored possession of the land to the Company on

15.07.2020 after preparation of a spot panchnama.

3. The legal heirs of late Narendra Jain challenged the said proceedings before the Sub-Divisional Officer; however, the appeal was dismissed by order dated 28.11.2020. Thereafter, W.P. No. 11015/2021 was filed before this Court. By order passed in the said writ petition, the earlier revenue proceedings were set aside on the limited ground that Narendra Jain had expired prior to the earlier demarcation proceedings. This Court also directed the competent authority to conduct an enquiry against the erring

officials.

4. Pursuant to the aforesaid directions, departmental proceedings were initiated against the concerned Revenue Inspector and fresh demarcation proceedings were undertaken during October–November 2022 after issuing notices to all stakeholders, including respondent Nos. 2 to 5. Upon such fresh demarcation, the revenue authorities again found respondent

Nos. 2 to 5 to be encroachers over the land belonging to the Company. 5. In the meantime, petitioner No. 1 had also lodged an FIR against

respondent Nos. 2 and 3 in the year 2021 in relation to disputes concerning the said land. Thereafter, allegedly as a counterblast to the aforesaid FIR, respondent Nos. 2 to 5 filed a complaint before the learned Magistrate alleging commission of offences under Sections 166, 167, 182, 193, 197,

Signature Not Verified

Signed by: PARMESHWAR

GOPE

Signing time: 31-03-2026

18:24:44

NEUTRAL CITATION NO. 2026:MPHC-JBP:25383

3 MCRC-37442-2024

198, 199, 200, 208, 209, 218, 219, 420, 467, 468, 471, 211, 120-B and 34 of the IPC against the present petitioners and certain revenue officials. The primary allegation in the complaint was that the earlier demarcation proceedings falsely recorded the presence of Narendra Jain despite the fact

that he had expired prior thereto.

6. The learned Magistrate examined respondent No. 2 under Section

200 of the Code of Criminal Procedure. Thereafter, by order dated 25.05.2024, the learned Judicial Magistrate First Class, Katni directed registration of an FIR under Section 156(3) of the Cr.P.C. Aggrieved by the said order and the consequential FIR registered against them, the present p