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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

th

ON THE 4 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 2656 of 2026 ARIF Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Rajneet Khanvilkar - Advocate for the petitioner [P-1].

Shri Brijesh Kumar Tyagi - Public Prosecutor for the respondent/State.

ORDER This petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioner, being aggrieved by the continuation of proceedings under Section 173(8) Cr.P.C. in Crime No. 383/2011 registered at Police Station Bahodapur District Gwalior.

2. It is submitted by learned counsel for the petitioner that despite the petitioner having been categorically found innocent after a complete, fair, and thorough investigation conducted by the City Superintendent of Police, Gwalior, as reflected in the investigation report dated 22.11.2011, the respondent police authorities have unlawfully kept the proceedings under Section 173(8) of the Code of Criminal Procedure pending against the petitioner. The continuation of such proceedings, in the absence of any incriminating material, is ex facie illegal, arbitrary, and amounts to gross abuse of the process of law.

3. It is further submitted that the alleged offence pertains to the year

2011 and a comprehensive investigation regarding the petitioner’s alleged involvement in Crime No. 383/11, Police Station Bahodapur, District Gwalior, was conducted by senior police officials. Upon completion of such investigation, no evidence whatsoever was found connecting the petitioner with the commission of the alleged offence, and accordingly, the petitioner was declared not involved as per the investigation report dated 22.11.2011. Relying upon the said report, the petitioner’s brother submitted an application dated 30.08.2012 before the Deputy Inspector General of Police, Gwalior, seeking termination of any pending proceedings against the petitioner arising out of the said crime. However, no action has been taken on the said application till date.

4. It is further submitted that even after lapse of approximately fourteen years from the date of the investigation report, the respondent police authorities continue to keep the matter pending under the garb of Section 173(8) Cr.P.C., without any fresh material or justification. Such inordinate and unexplained delay is wholly unreasonable and violative of Articles 14 and 21 of the Constitution of India. The petitioner is being subjected to continuous harassment, as repeated telephonic calls are being made to his brother, Furkan, pressurizing him to ensure the petitioner’s appearance before the police authorities, coupled with illegal and unethical demands. Notably, no notice or summons of any kind has ever been served upon the petitioner in accordance with law. The aforesaid conduct of the police authorities clearly demonstrates mala fide intent and constitutes a flagrant abuse of statutory powers, causing serious prejudice to the petitioner’s liberty, dignity, and reputation. The continuation of proceedings under Section 173(8) Cr.P.C. in the absence of any incriminating material serves no lawful purpose and deserves to be interdicted by this Hon’ble Court. In view of the above facts and circumstances, it is prayed that this Hon’ble Court may be pleased to allow the present petition and quash the proceedings purportedly pending under Section 173(8) Cr.P.C. in Crime No. 383/11 of Police Station Bahodapur, District Gwalior, as well as all other consequential proceedings arising out of the said crime number, in the interest of justice.

5. On the other hand, learned counsel for the State, opposing the petition, submits that the petition is wholly misconceived and premature, as Section 173(8) Cr.P.C. expressly empowers the investigating agency to conduct further investigation at any stage upon discovery of fresh facts or material, and mere submission of an earlier report does not