Madhya Pradesh High Court
Ajay Kumar Mishra vs The State Of Madhya Pradesh on 8 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:28657
1 WP-9760-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE HIMANSHU JOSHI
ON THE 8 th OF APRIL, 2026
WRIT PETITION No. 9760 of 2026
AJAY KUMAR MISHRA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Deepak Tiwari - Advocate for the petitioners.
Shri C.S. Upadhyay - PL for the respondent-State.
ORDER
The present writ petition under Article 226 of the Constitution of India has been preferred by the petitioners seeking issuance of a writ of certiorari for quashment of FIR bearing Crime No.15/2026 dated 08.01.2026 registered at Police Station Sohagi, District Rewa, along with all consequential proceedings arising therefrom. The petitioners have further prayed for appropriate directions against respondent No.3 for allegedly lodging false and motivated information and for misuse of the process of law.
2. Brief facts of the case are that the petitioners are residents of Village Badagaon, District Rewa and are primarily engaged in agricultural activities. The dispute, as projected by the petitioners, arises out of a land- related issue concerning Khasra No. 3518, allegedly owned and possessed by petitioner No.1.
3. It is averred that on 23.12.2025, the mother of respondent No.3, namely Prabha Tiwari, along with one Tejdhar Tiwari, allegedly entered the Signature Not Verified Signed by: MANOJ NAIR Signing time: 16-04-2026 14:54:09 NEUTRAL CITATION NO. 2026:MPHC-JBP:28657 2 WP-9760-2026 petitioners' land and started digging a ridge using a JCB machine. Upon objection by petitioner No.1, verbal altercation ensued.
4. The petitioners claim that despite intervention by police (upon dialling emergency services), the said activity continued. It is further pleaded that multiple complaints were thereafter made by Prabha Tiwari before the local police, however, no FIR was registered as no offence was found to be made out against the petitioners.
5. Subsequently, respondent No.3, who is posted as Lt. Colonel in the Indian Army at Pattan, District Baramulla (Jammu & Kashmir), lodged a complaint at Police Station Pattan, resulting in registration of a Zero FIR under various provisions including the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and provisions of Bharatiya Nyaya Sanhita. The said Zero FIR was thereafter transferred to Police Station Sohagi, District Rewa, where it was registered as FIR/Crime No.15/2026 dated 08.01.2026. The petitioners contend that the FIR is false, fabricated, and lodged with mala fide intention to harass them and to give criminal colour to a civil land dispute.
7. Learned counsel for the petitioners submits that the impugned FIR is a classic example of abuse of process of law and is liable to be quashed in light of settled principles. It is contended by the counsel that the FIR has been lodged through misuse of Zero FIR mechanism at a place having no territorial jurisdiction, respondent No.3 is not an eyewitness to the alleged incident, the allegations in the FIR are vague, omnibus and inherently improbable, no injury has been alleged or medically substantiated despite Signature Not Verified Signed by: MANOJ NAIR Signing time: 16-04-2026 14:54:09 NEUTRAL CITATION NO. 2026:MPHC-JBP:28657 3 WP-9760-2026 serious accusations, provisions of the SC/ST Act have been invoked without any complaint from the alleged victims and that the essential ingredients of the offences alleged are not made out.
8. Learned counsel for the State opposes the petition and submits that the FIR discloses commission of cognizable offences and therefore investigation should not be stifled at the threshold. It is further contended by the counsel that zero FIR is a legally recognized concept and can be registered irrespective of territorial jurisdiction, the allegations involve serious offences including assault, criminal intimidation, and caste-based abuse and that at this stage, detailed examination of evidence is not permissible.
9. Heard learned counsel for the parties at length and perused the entire material available on record.
10. The concept of Zero FIR permits registration of FIR at any police station irrespective of territorial jurisdiction, to ensure prompt action, and thereafter transfer to the competent police station. The contention of the petitioners that FIR is vitiated due to registration at Police Station Pattan (outside jurisdiction) is devoid of merit. The concept of Zero FIR is now well recognized and enables registration irrespective of territorial limits. The subsequent transfer to Police Station Sohagi cures any such objection.
11. A perusal of the impugned FIR reveals allegations of assault using weapons, criminal intimidation, trespass and destruction of property and caste-based abuse against labourers belonging to SC/ST category. At this stage, the Court is required to examine whether these allegations, if taken at Signature Not Verified Signed by: MANOJ NAIR Signing time: 16-04-2026 14:54:09 NEUTRAL CITATION NO. 2026:MPHC-JBP:28657 4 WP-9760-2026 face value, disclose commission of cognizable offences.
12. The petitioners have contended that there is an absence of a specific complainant and a lack of details regarding the alleged victims. While these aspects may be relevant during the course of investigation or trial, at this stage, the allegations of caste-based abuse cannot be outrightly discarded. Though the petitioners have alleged mala fide and previous disputes, it is trite law that existence of civil dispute does not bar criminal proceedings if ingredients of offence are otherwise disclosed. The plea of mala fide, in absence of unimpeachable material, cannot be a sole ground for quashing the FIR at the threshold.
13. This Court finds that the contentions raised by the petitioners require appreciation of disputed questions of fact, examination of evidence, and evaluation of credibility of allegations, which fall within the domain of investigation and trial.
14. Upon careful consideration, this Court is of the view that the FIR discloses prima facie commission of cognizable offences, the allegations cannot be said to be inherently absurd or improbable at this stage and that the interference at this stage of investigation would be premature.
15. Accordingly, the writ petition is hereby dismissed.
(HIMANSHU JOSHI) JUDGE mn Signature Not Verified Signed by: MANOJ NAIR Signing time: 16-04-2026 14:54:09