Pranav Bharti vs The State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-IND:13091
1 WP-4788-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
th
ON THE 7 OF MAY, 2026
WRIT PETITION No. 4788 of 2026
PRANAV BHARTI
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Bhavesh Tiwari - Advocate for the petitioner.
Shri Bhaskar Agrawal - Government Advocate for the respondent/State.
ORDER
1. The petitioner has filed present petition under Section 528 of BNSS (
Section 482 of CrPC) for quashment of FIR registered at Crime No.649 of 2021 at
Police Station - Chiman Ganj Mandi, Ujjain, dated 22.5.2021 for offence
punishable under Section 188 of IPC as well as consequential criminal
proceedings arising out of said crime.
2. As per the prosecution case, on 22.5.2021 during the Covid-19
restrictions, the petitioner had stepped out of his residence for offering evening
Aarti and worship at the temple. When the petitioner was proceeding towards the
temple, he was intercepted by the police personnel of Police Station - Chiman Ganj
Mandi, Ujjain and he was questioned about his presence outside his residence.
Petitioner disclosed his identity and purpose for performing religious duty but the
police authorities presumed violation of the prohibitory order and registered the
aforesaid offence against the petitioner. Hence, this petition.
3. It is contended on behalf of petitioner that the petitioner has been falsely
implicated in the matter and he has not committed any offence. No offence under
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 5/8/2026
10:35:56 AM

NEUTRAL CITATION NO. 2026:MPHC-IND:13091
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Section 188 of IPC is made out against the petitioner as he has not committed any

kind of crime. The prosecution story is doubtful.
4. Per contra, it is submitted by the Counsel for the State that the petitioner
had disobeyed the order of the Collector. There is specific allegation against the
petitioner. Therefore, the impugned FIR cannot be quashed at this stage.
5. Heard learned Counsel for the parties at length and perused the record.
6. Section 188 of IPC reads as under:
“188. Disobedience to order duly promulgated by public servant.—
Whoever, knowing that, by an order promulgated by apublic servant
lawfully empowered to promulgate such order, he is directed to abstain
from a certain act, or to take certain order with certain property in his
possession or under his management, disobeys such direction,
shall, if such disobedience causes or tends to cause obstruction,
annoyance or injury, or risk of obstruction,annoyance or injury, to any
person lawfully employed, be punished with simple imprisonment for a
term which may extend to one month or with fine which may extend to
two hundred rupees, or with both;
and if such disobedience causes or trends to cause danger to human life,
health or safety, or causes or tends to cause a riot or affray, shall be
punished with imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one thousand
rupees, or with both.
Explanation.—It is not necessary that the offender should intend to
produce harm, or contemplate his disobedience as likely to produce
harm. It is sufficient that he knows of the order which he disobeys, and
that his disobedience produces, or is likely to produce, harm.”
7. Thus, from the plain reading of Section 188 of IPC, it is clear that where
an order has been promulgated by a public servant lawfully empowered to
promulgate such order, then in case of such disobedience, an offence under
Section 188 of IPC would be prima-facie made out.
8. Section 195 of CrPC reads as under:-
“195. Prosecution for contempt of lawful authority of public
servants, for offences against public justice and for offences relating to
documents given in evidence :
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Signed by: TRILOK SINGH
SAVNER
Signing time: 5/8/2026
10:35:56 AM

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(1) No Court shall take cognizance (a) (I) of any offence punishable
under sections 172 to 188 (both inclusive) of the Indian Penal Code (45
of 1860 ), or
(ii) of any abetment of, or attempt to commit, such offence, or
(iii) of any criminal conspiracy to commit such offence, except on the
complaint in writing of the public servant concerned or of some other
public servant to whom he is administratively subordinate;
(b) (i) of any offence punishable under any of the following sections of
the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both
inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such
offence is alleged to have been committed in, or in relation to,
(ii) of any offence described in section 463, or punishable under section
471, section 475 or section 476, of the said Code, when such offence is
alleged to have been committed in respect of a document produced or
given in evidence in a proceeding in any Court, or
(iii) of any criminal conspiracy to commit, or attempt to commit, or the
abetment of, any offence specified in sub- clause (I) or sub- clause (ii),
except on the complaint in writing of that Court, or of some other Court
to which that Court is subordinate.
(2) Where a complaint has been made by a public servant under clause
(a) of subsection (1) any authority to which he is administratively
subordinate may order the withdrawal of the complaint and send a copy
of such order to the Court; and upon its receipt by the Court, no further
proceedings shall be taken on the complaint: Provided that no such
withdrawal shall be ordered if the trial in the Court of first instance has
been concluded.
(3) In clause (b) of sub- section (1), the term "Court" means a Civil,
Revenue or Criminal Court, and includes a tribunal constituted by or
under a Central, Provincial or State Act if declared by that Act to be a
Court for the purposes of this section.
(4) For the purposes of clause (b) of subsection (1), a Court shall be
deemed to be subordinate to the Court to which appeals ordinarily lie
from the appealable decrees or sentences of such former Court, or in the
case of a Civil Court from whose decrees no appeal ordinarily lies, to
the principal Court having ordinary original civil jurisdiction
within whose local jurisdiction such Civil Court in situate: Provided
that
(a) where appeals lie to more than one Court, the Appellate Court of
inferior jurisdiction shall be the Court to which such Court shall be
deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue Court, such Court
shall be deemed to be subordinate to the Civil or Revenue Court
according to the nature of the case or proceeding in connection with
which the offence is alleged to have been committed.”

9. Thus, it is clear that no Court shall take cognizance of any offence
Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 5/8/2026
10:35:56 AM

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punishable under Sections 172 to 188 (both inclusive) of IPC except on the

complaint in writing of that Court or by such officer of the Court as that Court may
authorize in writing in this behalf or of some other Court to which that Court is
subordinate.
10. In view of above provision of Section 195 of CrPC, impugned FIR
cannot be lodged against the petitioner. Therefore, FIR registered at Crime No.649
of 2021 at Police Station - Chiman Ganj Mandi, Ujjain, dated 22.5.2021 for
offence punishable under Section 188 of IPC as well as consequential criminal
proceedings arising out of said crime is hereby quashed. However, the respondent
is at liberty to file the complaint as provided under Section 195 of Cr.P.C. subject
to all contentions available to the parties, necessary bar provided under Section
468 of Cr.P.C. / S. 514 of BNSS.
11. With aforesaid observation, the petition succeeds and is hereby allowed.
Certified copy as per rules
(SANDEEP N. BHATT)
JUDGE
trilok

Signature Not Verified
Signed by: TRILOK SINGH
SAVNER
Signing time: 5/8/2026
10:35:56 AM