Madhya Pradesh High Court
Pankaj Kumar Singh vs The State Of Madhya Pradesh on 11 March, 2026
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
NEUTRAL CITATION NO. 2026:MPHC-GWL:8513
1 WP-19031-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 11th OF MARCH, 2026
WRIT PETITION No. 19031 of 2025
PANKAJ KUMAR SINGH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Amit Lahoti - Advocate for the petitioner.
Shri Manish Saxena - Public Prosecutor for the State.
ORDER
The present petition, under Article 226 of the Constitution of India has been filed by the seeking following reliefs:-
i) That, the FIR dated 28.10.2021 bearing Crime No. 536/2021 at PS Chanderi, District Ashoknagar for the offence U/s 420, 467, 468, 471 of IPC (Annexure P/1) may kindly be quashed.
ii) That, any other anciliary proceedings arising out of the FIR dated 28.10.2021 bearing Crime No. 536/2021 at PS Chanderi, District Ashoknagar for the offence U/s 420, 467, 468, 471 of IPC (Annexure P/1) may also be declared as nonest and same may be quashed.
iii) That, any other suitable direction which this Hon'ble Court deems fit in the facts and circumstances of the Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513
2 WP-19031-2025 case may kindly be passed.
2. Short facts as per prosecution story are that on 28.10.2021, the complainant Naresh Kumar Yagnik, son of late Bhagwandas Yagnik, aged about 53 years, resident of Ward No.10, SADA Colony, Chanderi, working as Land Acquisition Clerk, appeared before the Police Station Chanderi and submitted a complaint along with certain documents forwarded by the Land Acquisition Officer and Sub-Divisional Officer (Revenue), Chanderi vide letter No. K/Bhu Arjan/2021/124(3) dated 08.09.2021, requesting registration of an FIR in connection with TL Case No. 514877. It was alleged that land bearing Survey No. 63/2, area 2.000 hectares, situated at village Khyavda, belonging to Mahesh, son of Gyasilal, was affected by the Lower Orr Dam Project, and compensation amounting to Rs.20,00,000/- was sanctioned in respect of the said land. Another person impersonating Mahesh, son of Gyasilal, fraudulently opened a bank account in Punjab National Bank, Chanderi Branch, and received the compensation amount in the said account, which was thereafter withdrawn. During investigation, statements of several witnesses were recorded who alleged that the accused persons, including Balwant Bundela (clerk in the Irrigation Department) and others, had acted in conspiracy and fraudulently withdrawn the compensation amount. It was further alleged that co-accused Mahesh Dhanak, resident of village Khatoli, District Sagar, in his memorandum statement disclosed that the bank account was opened after modification of the Aadhaar card details and the compensation amount was withdrawn and handed over to co-accused Balwant Bundela, and he had received Rs.35,000/- for facilitating the Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 3 WP-19031-2025 transaction. The said co-accused Mahesh Dhanak was arrested on 10.03.2022 and produced before the competent court. However, other accused persons, namely, Balwant Bundela, Ravindra Thakur and Mahesh Thakur could not be apprehended despite efforts by the police and were declared absconding. During investigation, offences under Sections 467, 468, 471 read with Section 34 IPC were added. Thereafter, the police filed Charge-sheet No. 197/2022, dated 07.06.2022 against the arrested accused Mahesh Dhanak, while investigation against the remaining accused persons was kept pending under Section 173(8) Cr.P.C., with liberty to file a supplementary charge- sheet upon completion of investigation. On the basis of the said complaint, the police registered an FIR for offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code. Hence, the present petition.
3. Learned counsel for the petitioner that the petitioner is presently serving in the establishment of the Water Resources Department of the State Government and he was initially appointed to the post of Assistant Engineer on 30.07.2011 under the establishment of the Engineer-in-Chief, Water Resources Department, Bhopal.
4. It is further submitted that a major irrigation project known as "Orr Nadi Pariyojna Prabandhan Ekai Banmorkalan, District Shivpuri" was undertaken by the State Government for the purposes of irrigation and water resource management. For implementation of the said project, several private agricultural lands situated in Village Khyawada, Tehsil Chanderi, were required to be acquired, as they were coming under the zone of submergence. Accordingly, a proposal for acquisition of land was forwarded Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 4 WP-19031-2025 to the competent authority as contemplated under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Pursuant to the implementation of the said project, land bearing Survey No. 63/2 admeasuring 2.000 hectares, owned by one Mahesh S/o Gyarasilal, was also acquired after following the due process of law as prescribed under the Act of 2013. For the purposes of disbursement of compensation, the Collector, District Ashoknagar, directed the Land Acquisition Officer to obtain the bank account details of the affected landowners, including the IFSC code, Aadhaar Card details, mobile number and photocopy of the bank passbook, so that the compensation amount could be directly deposited into their respective bank accounts.
5. It is further submitted that the award passed by the Land Acquisition Officer in respect of the acquired lands was duly approved by the Collector, Ashoknagar on 28.07.2018, and a total compensation amount of Rs.15,47,84,700/- was sanctioned for payment to the affected persons whose lands had been acquired under the project. The award dated 28.07.2018 , along with Appendix VI and other appendices containing the names of all beneficiaries, clearly reflects the name of Mahesh S/o Gyarasilal at Serial No.104, to whom compensation of Rs.20,00,000/- was to be paid.
6. It is further submitted that the Collector, Ashoknagar, vide communication dated 04.09.2018, directed the Project Director to furnish the bank details of all 618 persons whose lands had been acquired pursuant to the award. The said direction was issued to enable the Collector to deposit the compensation amount directly in the bank accounts of the concerned Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 5 WP-19031-2025 beneficiaries. In compliance with the said direction, the requisite information was collected after due verification from the concerned banks and thereafter forwarded to the office of the Collector through a communication dated 21.02.2019.
7. It is further submitted that the statutory scheme of the Act of 2013 clearly defines the roles and responsibilities of the various authorities involved in the process of land acquisition and disbursement of compensation. Section 3 of the Act defines the term "Authority" as the Land Acquisition, Rehabilitation and Resettlement Authority established under Section 51 of the Act. The term "Collector" has also been defined to mean the Collector of a revenue district, including any officer specially designated by the appropriate Government to perform the functions of the Collector under the Act. The term "Land Owner" as defined under Section 3(r) includes any person whose name is recorded as the owner of the land or building in the records of the concerned authority, or any person who has been granted forest rights under the relevant law. Similarly, the expression "Person Interested" has been defined under Section 3(x) of the Act, which broadly corresponds to the definition of land owner.
8. It is further submitted that the Act provides a detailed statutory framework governing the process of land acquisition and determination of compensation. Section 23 provides for enquiry and land acquisition award by the Collector, Section 26 prescribes the manner of determination of market value of the land by the Collector, while Sections 27 and 28 provide for determination of the amount of compensation and the parameters to be Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 6 WP-19031-2025 considered by the Collector while passing the award. The provisions relating to payment of compensation are contained in Chapter X of the Act, particularly Section 77, which clearly provides that the payment of compensation determined under the award is to be made by the Collector to the persons interested.
9. In view of the aforesaid statutory provisions, it is evident that the entire responsibility with regard to acquisition of land, passing of award, determination of compensation and payment of compensation to the entitled persons squarely lies with the Collector of the concerned district and the authorities functioning under him. The payment of compensation is required to be made by the Collector by depositing the amount into the bank account of the beneficiary after verification of the relevant documents.
10. It is further submitted that without considering the aforesaid statutory provisions and in order to shift the burden of their own negligence, the authorities of the Collectorate have attempted to fasten liability upon the officers of the Water Resources Department, including the present petitioner. The impugned communication has been issued requesting the Town Inspector, Police Station Chanderi, to register an FIR against the Sub- Divisional Officer and Clerk of the Irrigation Department merely on the ground that the actual beneficiary Mahesh S/o Gyarasilal has allegedly not received the compensation amount.
11. It is further submitted that in order to absolve themselves of their statutory responsibility, the respondent No.3 issued a letter dated 08.09.2021 directing registration of an FIR against the petitioner and others. The said Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 7 WP-19031-2025 communication has been issued without conducting any preliminary enquiry and without affording any opportunity of hearing to the petitioner.
12. It is further submitted that the said letter dated 08.09.2021 had already been challenged before this Court in connected Writ Petition No.19704 of 2021, wherein this Court was pleased to pass an interim order dated 28.09.2021 directing that no coercive action shall be taken against the petitioner in pursuance of the order dated 08.09.2021 issued by the Collector. Despite the existence of the said order of protection, the authorities proceeded to register the impugned FIR dated 28.10.2021 on the basis of the very same communication dated 08.09.2021. Thus, the registration of the FIR is in clear violation of the interim order passed by this Court and is therefore wholly without jurisdiction.
13. It is further submitted that at the relevant point of time, the petitioner was working as In-charge Sub-Divisional Officer while substantially holding the post of Assistant Engineer in the Water Resources Department. The charge of Project Administrator was earlier held by Shri P.D. Kori, Executive Engineer, who had issued the communication dated 21.02.2019 forwarding the bank details of the affected farmers after verification from the concerned banks. Subsequently, the charge of Project Administrator was taken over by Shri Rajesh Shrivastava, Assistant Engineer on 01.02.2021. Unfortunately, due to the Covid-19 pandemic he expired, whereafter the charge was handed over to Shri R.C. Gupta, Assistant Engineer on 16.04.2021. Thereafter, the petitioner was handed over the charge of Project Administrator only on 30.07.2021, and since then he has Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 8 WP-19031-2025 been discharging his duties under the project.
14. It is further submitted that the entire process relating to collection and forwarding of bank details of the beneficiaries had already been completed much prior to the petitioner assuming charge as Project Administrator. The petitioner had no role whatsoever in collecting the documents of the concerned landowner, verifying the bank account, or preparing the list of beneficiaries whose compensation was to be deposited in their accounts.
15. It is further submitted that prior to issuing the direction to register an FIR against the petitioner, neither any notice was served upon him nor was he afforded any opportunity of hearing. No departmental enquiry or fact- finding exercise was conducted to determine the alleged liability. The impugned action has therefore been taken in gross violation of the principles of natural justice.
16. It is also submitted that the responsibility of determining compensation and making payment thereof lies exclusively with the Collector, District Ashoknagar, under the statutory scheme of the Act of 2013. If there has been any irregularity in the payment of compensation in respect of Award No.104 relating to Mahesh S/o Gyarasilal, the same cannot be attributed to the petitioner, who has no role in the disbursement of compensation. The role of the Water Resources Department was limited to sending the proposal for acquisition of land and depositing the compensation amount with the Land Acquisition Officer.
17. It is further submitted that the Water Resources Department had Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 9 WP-19031-2025 deposited the entire compensation amount of Rs.15,47,84,700/- in Case No. /0002/A82/2017-18 with the Land Acquisition Officer for disbursement to the affected persons. Once the amount had been deposited with the competent authority, the responsibility for verifying the identity of the beneficiaries and transferring the compensation amount into their bank accounts rested solely with the Collector and the Land Acquisition Officer.
18. It is further submitted that all documents furnished by the concerned farmer, including Aadhaar Card, bank passbook and Khasra entries, were collected and forwarded to the office of the Land Acquisition Officer after verification with the concerned banking authorities.
19. It is also noteworthy that no direction has been issued by the authorities to lodge an FIR against the person who actually received the compensation amount by impersonating Mahesh S/o Gyarasilal, although he appears to be the real beneficiary of the alleged fraud. Instead of taking action against the actual beneficiary, the authorities have sought to shift their own negligence upon the petitioner, who had no role whatsoever in the disbursement of compensation.
20. It is further submitted that immediately after issuing the direction dated 08.09.2021 to lodge an FIR, another communication dated 09.09.2021 was issued calling for information regarding the names of officers and employees who had prepared the list of affected farmers and collected their bank account details for the purpose of conducting an enquiry. A bare perusal of this communication clearly demonstrates that even before determining the liability and without conducting any enquiry, the authorities Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 10 WP-19031-2025 hurriedly directed registration of an FIR against the petitioner. The impugned action has thus been taken in a post-haste and arbitrary manner, merely to shield the officers functioning under the Collector, District Ashoknagar and the Land Acquisition Officer, Chanderi. It is therefore submitted that the impugned FIR dated 28.10.2021 has been registered solely on the basis of the letter dated 08.09.2021, which itself was the subject matter of challenge before this Court and in respect of which an interim order of protection had already been granted. The registration of the FIR in spite of the said order amounts to a clear disregard of the directions issued by this Court.
21. In view of the above submissions, it is submitted that the impugned FIR has been lodged on the basis of incorrect facts, vague allegations and contradictory statements without there being any material to establish the involvement of the petitioner. The continuation of the criminal proceedings against the petitioner would therefore amount to an abuse of the process of law and would cause grave prejudice to the petitioner, who has been unnecessarily dragged into the present controversy despite having no role in the alleged transaction. It is therefore prayed that this Court may be pleased to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India and quash the impugned FIR dated 28.10.2021 insofar as it relates to the present petitioner.
22. Per contra, leaned Government Advocate for the State opposed the petition and prayed for its rejection submitting that this Court, vide order dated 18.06.2025, has been pleased to direct that the present writ petition be connected with the previously filed Writ Petition No. 19704/2021 and be Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 11 WP-19031-2025 heard together. In this background, it is submitted that the interim order dated 28.09.2021 passed in Writ Petition No. 19704/2021, whereby protection was granted to the petitioner, has seriously affected the progress of investigation in the aforesaid crime.
23. It is further submitted that during the period from 23.04.2018 to 30.07.2024, the petitioner was discharging the duties of Assistant Engineer and was also functioning in the capacity of Project Administrator/Assistant Manager in connection with the River Project Management Unit, Bamorkala, District Shivpuri. His duties included providing necessary information and coordinating with the Land Acquisition Officer in relation to the land acquisition proceedings of the project. During investigation, it has come on record that the petitioner prepared and forwarded a list of affected farmers of Village Khyawada whose lands were falling in the submergence area of the project and were proposed for acquisition. The said list was forwarded to the competent authority vide communication dated 21.02.2019 for further necessary action in the matter of disbursement of compensation.
24. It is further submitted that in the said list, at Serial No. 104, the petitioner mentioned the name of Mahesh S/o Gyasi along with bank account number 9853000100045124 of Punjab National Bank, Chanderi, on the basis of which the compensation amount sanctioned in respect of the said land was subsequently transferred by the competent authority. It is the case of the prosecution that on the basis of the list submitted by the petitioner, further proceedings were carried out by the competent authority and the compensation amount was transferred to the aforesaid bank account.
Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PMNEUTRAL CITATION NO. 2026:MPHC-GWL:8513 12 WP-19031-2025 However, it subsequently came to light that instead of the actual land holder entitled to receive compensation, the details of another person had been mentioned in the said list, due to which the compensation amount was not received by the rightful landowner but was transferred to the account of another person. On the basis of this discrepancy, the competent authority lodged the impugned First Information Report dated 28.10.2021 in Crime No. 536/2021 at Police Station Chanderi, District Ashoknagar, which is correct.
25. In reply, learned counsel for the petitioner submits that the contention raised on behalf of the State to the effect that the petitioner, during the period from 23.04.2018 to 30.07.2024, was discharging the duties of Assistant Engineer and was also functioning in the capacity of Project Administrator/Assistant Manager in connection with the River Project Management Unit, Bamorkala, District Shivpuri, is wholly unsubstantiated. It is submitted that despite making such a categorical assertion in the reply, the State has failed to place on record any documentary material whatsoever to substantiate the said claim. No order of appointment, charge assignment order, office memorandum, or any official record demonstrating that the petitioner was entrusted with the duties of Project Administrator/Assistant Manager for the said period has been filed along with the reply. In the absence of any documentary evidence in support of the said allegation, the bald assertion made by the State cannot be relied upon to attribute any responsibility or liability upon the petitioner.
26. Having heard learned counsel for the parties at length and upon Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 13 WP-19031-2025 perusal of the record placed before this Court, it is evident that the present writ petition has been filed seeking quashment of the First Information Report registered for offences under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code in Crime No. 536/2021 at Police Station Chanderi, District Ashoknagar, along with all consequential proceedings arising therefrom. The principal contention of the petitioner is that he has been falsely implicated in the matter without there being any material to indicate his involvement in the alleged offence and the responsibility relating to determination and disbursement of compensation under the land acquisition proceedings vests exclusively with the Collector and the Land Acquisition Officer under the statutory scheme governing the acquisition process.
27. From the record it appears that the land acquisition proceedings in respect of lands falling in the submergence area of the project were undertaken in accordance with the statutory framework governing acquisition and payment of compensation. The material available before this Court indicates that the award determining compensation was passed by the competent authority and thereafter the responsibility for payment of compensation to the beneficiaries vested with the Collector and the Land Acquisition Officer in accordance with the provisions of the governing statute. The role attributed to the petitioner in the entire process was limited to forwarding certain information relating to affected farmers in connection with the project. No document has been placed before this Court to demonstrate that the petitioner was vested with any authority to determine eligibility of beneficiaries, verify their identity, or direct the transfer of Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 14 WP-19031-2025 compensation amounts into the bank accounts of any person.
28. It is also necessary to examine the chronology of events relating to the land acquisition proceedings. The record indicates that the award determining the compensation payable to the affected landowners was approved by the Collector, District Ashoknagar on 28.07.2018, wherein compensation in respect of land bearing Survey No.63/2 belonging to Mahesh S/o Gyarasilal was determined and reflected at Serial No.104 of the list of beneficiaries. Thereafter, for the purpose of disbursement of compensation, the bank account details and other documents of the affected farmers were collected on the basis of records available with the Tehsil Office and the revenue authorities. On the basis of the documents so received, a list of beneficiaries along with their bank account details was prepared and forwarded to the office of the Collector, Land Acquisition Branch, District Ashoknagar vide communication dated 21.02.2019 for the purpose of payment of compensation.
29. It is significant to note that Shri Panchamdas Kori, the earlier Project Administrator, retired on 31.01.2021, and the petitioner was entrusted with the charge of Project Administrator, Orr River Project Management Unit, Bamorkalan, District Shivpuri on 01.02.2021, immediately thereafter. This date is much subsequent to both the passing of the award and the preparation and forwarding of the list of beneficiaries. Thus, the entire process relating to identification of beneficiaries, verification of documents, and forwarding of bank account details had already been completed prior to the petitioner assuming charge of the said office. The preparation of such list Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 15 WP-19031-2025 and verification of land ownership details were matters falling exclusively within the domain of the revenue authorities involved in the land acquisition proceedings.
30. In these circumstances, the petitioner cannot prima facie be attributed any role in the alleged discrepancy relating to Award No.104, as he neither participated in the preparation of the list nor had any authority to verify or approve the bank details of the beneficiaries whose names were included therein. Any alleged irregularity, if at all, would relate solely to the actions of the revenue authorities prior to the petitioner's assumption of office.
31. It is also important to note that under the stautory scheme governing land acquisition and disbursement of compensation, the competent authority responsible for determining and making payment of compensation is the Collector of the concerned district and the Land Acquisition Officer acting under him. The petitioner, being an officer of the Water Resources Department associated with the project implementation, was neither the authority empowered to sanction compensation nor the authority competent to effect payment of the same. Consequently, even if any discrepancy occurred in the disbursement of compensation to a particular beneficiary, the petitioner cannot be held criminally liable for an act which was not within his statutory domain or authority.
32. This Court also takes note of the fact that the impugned FIR appears to have been registered merely on the basis of a communication directing registration of the case without any proper preliminary enquiry Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM NEUTRAL CITATION NO. 2026:MPHC-GWL:8513 16 WP-19031-2025 being conducted to determine the role and responsibility of the concerned officials. The record does not disclose any material establishing that the petitioner was involved in preparation of any forged document, manipulation of bank details, or receipt of any wrongful gain from the alleged transaction. The allegations against the petitioner are general and omnibus in nature and are not supported by any substantive evidence linking him to the alleged offence
33. It is a settled principle of law that criminal proceedings cannot be permitted to continue where the allegations made in the FIR, even if taken at their face value, do not disclose the essential ingredients of the alleged offences against the accused person. The inherent and extraordinary jurisdiction of this Court is intended to prevent abuse of the process of law and to secure the ends of justice. In the present case, permitting the investigation and prosecution to continue against the petitioner despite the absence of any material demonstrating his involvement would result in unnecessary harassment and would amount to misuse of the criminal justice process.
34. In view of the aforesaid analysis, this Court is of the considered opinion that the petitioner was not the competent authority responsible for determining or disbursing the compensation under the land acquisition proceedings and no material has been brought on record to establish his involvement in the alleged fraudulent transaction. The continuation of the criminal proceedings against the petitioner is therefore wholly unwarranted and amounts to an abuse of the process of law.
Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PMNEUTRAL CITATION NO. 2026:MPHC-GWL:8513 17 WP-19031-2025
35. Accordingly, the present writ petition deserves to be and is hereby allowed. The First Information Report registered in Crime No. 536/2021 at Police Station Chanderi, District Ashoknagar for offences under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code, together with all consequential proceedings arising therefrom insofar as they relate to the present petitioner, are hereby quashed.
36. No order as to costs.
(MILIND RAMESH PHADKE) JUDGE pwn* Signature Not Verified Signed by: PAWAN KUMAR Signing time: 3/13/2026 7:52:00 PM