Kailashchandra vs The State Of Madhya Pradesh
- Court
- Madhya Pradesh High Court
NEUTRAL CITATION NO. 2026:MPHC-IND:20448
1 W.P. No.3491/2026
IN THE HIGH COURT OF MADHYA
PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
W.P. No.3491/2026
KAILASHCHANDRA
VS.
STATE OF M.P. AND OTHERS
Appearance:
Shri Akash Sharma - Advocate for the petitioner.
Shri Dinesh Singh Chouhan (GA) appearing on behalf of
Advocate General/respondents/State.
______________________________________________________
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 28-07-2026
11:57:56
NEUTRAL CITATION NO. 2026:MPHC-IND:20448
2 W.P. No.3491/2026
Reserved on : 21/07/2026
Post on : 27/07/2026
______________________________________________________
ORDER
1. The present writ petition has been filed under Article 226 of
the Constitution of India seeking the issuance of a writ of
mandamus, certiorari, or any other appropriate writ to quash the
First Information Report (FIR) No.493/2025 dated 24.11.2025. The
said FIR was registered by Respondent No.3 (Police Station
Rajendra Nagar, Indore) on the complaint of Respondent No.4 (the
prosecutrix) for offences punishable under Sections 64(1),
64(2)(m), 63, 126(2), 351(3), 61(2), 318(4) and 3(5) of the
Bharatiya Nyaya Sanhita (BNS). The petitioner further seeks
directions to register a criminal case against the prosecutrix for
allegedly misleading the Court.
Facts of the Case
2. The genesis of the petition lies in the registration of the
impugned FIR against the principal accused, Manish Goyal, and
other co-accused persons, alleging serial sexual exploitation, gang
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 28-07-2026
11:57:56
NEUTRAL CITATION NO. 2026:MPHC-IND:20448
3 W.P. No.3491/2026
rape, extortion, and forgery. Following the registration of the FIR,
the principal accused and some others were arrested. Subsequently,
police officials visited the residence of the petitioner and informed
his son that the prosecutrix, in her complaint and statement under
Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS),
had named a certain "Chouhan Sir". The police indicated that they
strongly suspected the petitioner, who is a retired Deputy
Superintendent of Police and a known acquaintance of Manish
Goyal's family, to be the said "Chouhan Sir".
Contentions of the Petitioner
3. The petitioner vehemently challenges the impending coercive
action and the FIR on the ground that the FIR and the prosecution
story, taken at face value, do not disclose any offence committed by
him. It is submitted that the FIR explicitly names Manish Goyal, a
"Sardarji", and one "Chouhan Sir", but does not specifically identify
the petitioner. The petitioner contends that the respondents are
attempting to falsely implicate him merely on the basis of suspicion
and his acquaintance with the co-accused's family.
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 28-07-2026
11:57:56
NEUTRAL CITATION NO. 2026:MPHC-IND:20448
4 W.P. No.3491/2026
4. The petitioner further contends that a perusal of the FIR
reveals no allegations of rape or sexual assault against the so-called
"Chouhan Sir". The only allegation pertaining to this individual
relates to an incident where a demand for money was made from
the co-accused Manish Goyal outside the Rajendra Nagar Police
Station, which the petitioner asserts is, at best, a civil dispute
between the co-accused and the said individual.
5. Lastly, it is argued that the FIR has been registered after an
inordinate delay of more than two and a half years. The petitioner
claims that the prosecutrix is using the criminal justice system to
extort profits or for personal motives, highlighting that she has
already compromised with some other accused persons who have
been granted bail. The petitioner claims that his fundamental right
to life and personal dignity under Article 21 of the Constitution is
being violated by the arbitrary and harassing conduct of the police.
Contentions of the Respondents
6. Per contra, the respondents/State have opposed the petition in
its entirety. It is submitted that the FIR contains specific and grave
allegations disclosing a well-orchestrated syndicate of extortion,
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 28-07-2026
11:57:56
NEUTRAL CITATION NO. 2026:MPHC-IND:20448
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impersonation, and serial sexual exploitation. The respondents
contend that the petitioner's identity as the "Chouhan" mentioned in
the FIR is a matter of ongoing investigation, and his active
participation in the initial interception and extortion is clearly
detailed in the prosecutrix's complaint, thereby warranting a full
trial.
Analysis and Conclusion
7. Heard the parties and perused the record available.
8. The jurisdiction of this Court under Article 226 of the
Constitution of India, read with its inherent powers to quash
criminal proceedings, is strictly circumscribed. The power to quash
an FIR is to be exercised sparingly and only in the rarest of rare
cases where the allegations made in the FIR, even if taken at their
face value and accepted in their entirety, do not prima facie
constitute any offence or make out a case against the accused. The
Court cannot embark upon an inquiry into the reliability or
genuineness of the allegations, nor can it conduct a mini-trial at this
threshold stage.
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 28-07-2026
11:57:56
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9. Upon a meticulous perusal of the contents of the FIR as
brought on record, this Court finds that the prosecutrix has narrated
a highly specific and sequential chain of events. The allegations
explicitly highlight the active role played by the individual
identified as "Chauhan". The prosecutrix stated that on August 15,
2024, after collecting her certificate from Pankhudi Academy, she
was intercepted by two individuals in a four-wheeler, namely
"Sardarji" and another man called "Chauhan". It is categorically
alleged that the person bearing the surname Chauhan was in plain
clothes but falsely projected himself as the Police Commissioner,
thereby prima facie establishing the grave act of impersonating a
public servant.
10. Further elaborating on the said incident, the FIR vividly
records that this individual named Chauhan not only impersonated a
high-ranking police official but also actively intimidated the
prosecutrix. He interrogated her regarding her acquaintance with
other individuals, namely Devram, Pawan, and Manish. Displaying
a premeditated design, Chauhan allegedly asserted that they knew
everything and proceeded to forcibly confiscate her mobile phone.
He further dictated strict instructions, compelling her to wait for
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 28-07-2026
11:57:56
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Manish and to silently sit in his car so that they could "catch him
too," which clearly illustrates his active participation and dominant
role in setting the ensuing extortion and exploitation into motion.
11. Continuing with the sequence of events as alleged in the FIR,
it is stated that after the prosecutrix entered Manish Goyal's vehicle,
the said Chauhan and Sardarji monitored them. While the
prosecutrix and Manish were proceeding towards a hotel, Chauhan
and Sardarji abruptly intercepted them by aggressively stopping
their vehicle in front of Manish's car. Asserting their purported
authority, they confiscated Manish's mobile phone and commanded
him to follow their vehicle. Subsequently, under the guise of
official police action, Chauhan and Sardarji escorted them to the
vicinity of the Rajendra Nagar Police Station, thereby prima facie
demonstrating a planned and organized act of wrongful restraint
and coercion.
12. The FIR further reveals that upon reaching the Rajendra
Nagar Police Station, Manish was summoned out of his vehicle by
Chauhan and Sardarji while the prosecutrix remained inside. It is
alleged that Manish was seen pleading with them, after which he
informed the prosecutrix that the petitioner mere demanding a
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 28-07-2026
11:57:56
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heavy sum of Rs.8,00,000/- to let them go. Manish subsequently
procured and handed over Rs.6,00,000/- to them on the spot. Even
upon receiving this substantial amount, Chauhan and Sardarji
allegedly insisted on the full payment and only permitted them to
leave after Manish promised to deliver the remaining balance,
thereby cementing the allegations of extortion.
13. The petitioner's contention that no specific allegations exist
against him is fundamentally flawed. The FIR categorically
attributes an active, criminal role to the individual named "Chauhan
ji". The allegations of impersonating a high-ranking police officer
(Commissioner) and participating in the extortion of a substantial
sum of money are grave and constitute cognizable offences.
Whether the petitioner, a retired Deputy Superintendent of Police, is
indeed the "Chauhan ji" named by the prosecutrix, and the exact
nature of his complicity in the larger conspiracy, are purely matters
of evidence.
14. Such disputed questions of fact and identity require a
thorough investigation and a full-fledged trial. The allegations
demonstrate an active role of the petitioner which cannot be
brushed aside at the writ stage. Consequently, there is absolutely no
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 28-07-2026
11:57:56
NEUTRAL CITATION NO. 2026:MPHC-IND:20448
9 W.P. No.3491/2026
justification for this Court to interfere with the ongoing statutory
investigation or to quash the FIR. The petition is devoid of merit.
15. In view of the aforesaid facts, analysis, and findings, the
present Writ Petition is hereby dismissed . No order as to costs.
(Jai Kumar Pillai)
Judge
Aiyer*/PS
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 28-07-2026
11:57:56