Madhya Pradesh High Court
Prakash Upadhyay vs The State Of Madhya Pradesh on 17 June, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
1 WP-20604-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 20604 of 2025
(PRAKASH UPADHYAY Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 17-06-2025
Shri Anil Khare, Shri Manish Datt and Shri Naman Nagrath - Senior
Advocates along with Shri Vikas Upadhyay, Shri Hitendra Golhani, Shri
Ravindranath Chaturvedi, Shri Aditya Jaiswal and Shri Harish Shukla -
Advocates for the petitioner.
Shri Sumit Raghuwanshi - Government Advocate for the
respondents/State.
Issue notice to the respondents on payment of process fee within seven working days by RAD mode, failing which this petition shall stand dismissed without further reference to this Court.
Heard on the question of interim relief.
The present petition has been filed seeking quashment of FIR No.255/2025 dated 11.06.2025 registered at Police Station, Civil Lines, District Rewa and preservation of digital evidence.
It is the case of the petitioner that the complainant being respondent No.4 is habitual of filing false cases of sexual harassment against various persons. It is argued that the complainant has two minor daughters. On earlier occasion a complaint was made by her against the teacher and the landlord committing rape upon her 10 year old daughter which on investigation was found to be false. Another complaint of sexual offence against her sister-in- law, brother-in-law and other relatives was made and during investigation it Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 17-06-2025 18:50:36 2 WP-20604-2025 was found by the police authorities that the complainant has lodged a false case against her family members because of some family dispute. The complaint filed by the complainant was dismissed by the Special Court, District Rewa wherein the statement of her elder daughter was recorded and she has not supported the allegations levelled by the complainant which is reflected from order dated 15.04.2024 passed by the Special Court, District Rewa.
It is further pointed out that the petitioner's office was engaged by the complainant to file a criminal revision against the order dated 15.04.2024 and the criminal revision was filed on 15.05.2024. However, while preparing for the case, the petitioner came to know that the complainant is in the habit of filing false complaints and blackmailing people, therefore, he gave N.O.C. to the complainant on 27.09.2024. This led to filing of criminal complaint against the petitioner in order to blackmail him and pressurise him. She lodged a complaint against the petitioner for outraging her modesty which on investigation by the police authorities was found to be false. She again made an allegation that on 20.12.2024 at M.P. High Court premises, Jabalpur, the petitioner has committed rape on her two year old daughter in front of Court Room No.15 of the High Court. Again the said complaint was found to be false and frivolous being investigated by the police authorities. Again the respondent No.4/complainant made a similar complaint to Collector, Rewa, Inspector General of Police, Rewa, Chief Medical Officer, Rewa, State Bar Council of Madhya Pradesh at Jabalpur regarding commission of rape on her two year old daughter on 20.12.2024. The matter was investigated by the Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 17-06-2025 18:50:36 3 WP-20604-2025 police authorities and the report dated 24.02.2025 was submitted wherein the allegations were found to be false. She had an occasion to register a complaint against the petitioner when the petitioner went to Rewa for a family function. On the basis of the complaint an FIR has been registered against the petitioner for offence punishable under Section 65(2) of BNS and Sections 5 & 6 of POCSO Act, levying similar allegations against the petitioner. Immediately the matter was taken up by the police authorities and the police reached the hospital and made a Rojnamcha Entry wherein it is recorded that the complainant is in the habit of levying false allegations against people.
It is pointed out that before lodging of an FIR a Rojnamcha entry has been made wherein it is recorded that the complainant is in the habit of making false allegations against the people and the statement given by her do not make any ingredient of any cognizable offence. It is submitted that the petitioner is a designated senior counsel and he has an unblemished career of over two decades as a practicing lawyer. On being unsuccessful in getting any complaint registered against the petitioner on two earlier occasions, the complainant made a third attempt by making a false complaint against the petitioner to get criminal prosecution initiated against the petitioner. It is pointed out by the learned counsel for the petitioner that another complaint was lodged by the same complainant at Police Station, Civil Lines, District Rewa against one Ansh Singh, wherein similar allegation was made using the name of her minor daughter. However, upon enquiry the said complaint was found to be false. On these grounds a prayer for grant of interim relief is Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 17-06-2025 18:50:36 4 WP-20604-2025 sought for by filing this petition.
Counsel appearing for the State has also pointed out that on earlier two occasions the complainant has made an attempt to get a criminal case registered against the petitioner. However, both the complaints were found to be false and frivolous. She is in the habit of registering false complaints against various persons on behest of offence being committed against her daughters. It is also pointed out that again with an intention to drag the petitioner and rope up in a false case, the present case has been registered. He could not dispute the fact of Rojnamcha Sanha which has been produced before this Court. He could not explain the registration of an FIR after the Rojnamcha Sanha was prepared.
Counsel appearing for the petitioner have drawn attention of this Court to paragraphs 6.5 and 6.6 of the petition to substantiate their arguments regarding registration of false and frivolous complaints on various occasions by the complainant.
Considering the facts and circumstances of the case, it is directed that no coercive action be taken against the petitioner till the next date of hearing.
Counsel appearing for the petitioner have further prayed for direction to the Superintendent of Police, District Rewa to secure the CCTV footage of the incident said to have taken place in the intervening night of 07.06.2025 and 08.06.2025 and further direction to the authorities to ensure that there should not be any newspaper publication or news published in the social media with respect to the said false incidents registered against the Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 17-06-2025 18:50:36 5 WP-20604-2025 petitioner as the same will amount to tarnish the image of a senior advocate having the standing of more than 20 years at Bar.
Prayer appears to be reasonable.
Under these circumstances, the Superintendent of Police, District Rewa is directed to ensure that the CCTV footage of the incident said to have taken place in the intervening night of 07.06.2025 and 08.06.2025 be protected with immediate effect. The Superintendent of Police, District Rewa is further directed to ensure that there should not be any publication in the newspapers or in print and media or on any social platform with respect to the complaint made against the petitioner as he is a designated senior counsel of this Court having an unblemished career of more than two decades. The respondents are also directed to explain the registration of an FIR after Rojnamcha Sanha was prepared, by the next date of hearing.
List the matter after four weeks.
Certified copy as per rules.
(VISHAL MISHRA) JUDGE AM Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 17-06-2025 18:50:36