##PAGE1##

NEUTRAL CITATION NO. 2026:MPHC-JBP:46666

1 MCRC-55549-2024

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL

st

ON THE 1 OF JULY, 2026

MISC. CRIMINAL CASE No. 55549 of 2024

BABLU SEN

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Samar Singh Rajput - Advocate for the petitioner.

Ms. Geeta Yadav - Government Advocate for the respondent

No.1/State.

Shri Srajan Narang - Advocate for the respondent No.2.

ORDER

This petition has been filed by the petitioner under Section 528 of

BNSS/482 of Cr.P.C. for quashment of the FIR bearing Crime No.545/2024

registered at P.S. Bagaswaniya, District Bhopal (M.P.) for the offence

punishable under Section 137(2) of BNS against him.

2. Brief facts of the case is that on 26.09.2024, at about 2:30

p.m.,complainant (Respondent No. 2) sent her two minor daughters, aged

about 9 years and 5 years, to a nearby shop to purchase household articles. It

is alleged that the present petitioner enticed the nine-year-old girl into his car

bearing registration No. MP04CG5590, having the inscription "Bablu

Patrakar", and took her away. On receiving information from a neighbour's

son regarding the vehicle, complainant searched for her daughter and found

Signature Not Verified

Signed by: VAISHALI

AGRAWAL

Signing time: 04-07-2026

11:20:28

NEUTRAL CITATION NO. 2026:MPHC-JBP:46666

2 MCRC-55549-2024

her near New Mandir (Temple). The victim stated that the petitioner had

taken her in his car after asking whether she was Ram's daughter and had told

her that he would drop her at the residence of her uncle. Thereafter, the

complainant lodged a report, on the basis of which FIR No. 545/2024 was

registered against the present petitioner for offence punishable under Section

137(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

3. Learned counsel for the petitioner has submitted that petitioner did

not kidnap the child. He merely asked the child whether she knew the house

of one Ravi, after which the child sat in the car, and he dropped her off in

front of a temple. It is further submitted that one Nilesh is the nephew of the

present petitioner. The child’s mother had previously lodged a report against

Nilesh, which was registered as Crime No. 434 of 2024 under Sections 64(1)

and 64(2)(m) of the Bharatiya Nyaya Sanhita (BNS) at P.S. Bagsewaniya,

District Bhopal. In that matter, Nilesh was granted bail by the 10th

Additional Sessions Judge vide order dated 24.08.2024. It is also submitted

that due to prior enmity, a false case has been registered against the present

petitioner. The allegations in the FIR are omnibus in nature, and no case is

made out under Section 137(2) of the BNS. Therefore, it is prayed that the

FIR and the consequential criminal proceedings arising from the said crime

number be quashed.

4. Learned counsel for the complainant has submitted that the victim

in this case is a child aged 9 years. The petitioner took the 9-year-old child

without the consent of her lawful guardian; therefore, an offence under

Section 137(2) of the BNS is clearly made out. It is further submitted that the

Signature Not Verified

Signed by: VAISHALI

AGRAWAL

Signing time: 04-07-2026

11:20:28

NEUTRAL CITATION NO. 2026:MPHC-JBP:46666

3 MCRC-55549-2024

victim implicated the present petitioner in her statement recorded under

Section 164 of the Cr.P.C. After investigation, charge-sheet has already been

filed, and the matter is currently pending trial. Therefore, he prays for

dismissal of this application.

5 . Learned Government Advocate for the respondent/State has

submitted that 9-year-old child was forcibly abducted. She has deposed

against the present petitioner in her statements recorded under Sections 161

and 164 of the Cr.P.C. It is further submitted that plea of previous enmity is a

matter of defence which can be examined only during trial after appreciation

of evidence. Consequently, there is sufficient prima facie evidence against

the present petitioner to proceed with the trial.

6. Heard the learned counsel for the