MP High Court Refuses To Quash Forgery FIR Against Government Officer Following Journalist's Complaint

The Madhya Pradesh High Court dismissed the plea of a government officer who sought to quash an FIR accusing him and his driver of forgery, after a journalist filed a complaint stating that forged complaints in his name were sent to the Transport Minister and the Transport Commissioner.The bench of Justice Milind Ramesh Phadke observed, "Upon careful scrutiny of the FIR and accompanying material, this Court is satisfied that the allegations, taken at their face value, disclose a prima facie commission of cognizable offences. The investigation appears to have been conducted in accordance with law, and there is nothing to suggest that it was actuated by mala fides or ulterior motives. The plea of vendetta or counterblast is speculative and unsupported by any cogent material". Dharamveer Kushwah, a journalist working with Dainik Rajdhani media, filed a complaint alleging that on the night of April 4, 2022, he received 9 SMS's stating that several speed post articles had been booked in his name. Upon verification, he discovered that the articles had been falsely booked under his name at the MBC Counter of the Railway Station Post Office.Upon intimation, the authorities initiated the process to recall the said articles. Out of the 9 articles, the complainant allegedly received only 6 at his residence. He discovered that it contained a typed complaint under his name addressed to the Transport Minister and the Transport Commissioner. The complainant contended that the forged complaints were sent with malicious intention to defame and malign his reputation as a journalist. Therefore, he filed an FIR for forgery (Section 465) and Forgery for the purpose of harming reputation (Section 469) of the IPC. According to the CCTV footage recovered during the investigation, Ajay Salunke, the private driver of Satya Prakash Sharma, sent the said postal articles. The authorities arrested Ajay, who revealed that another journalist, Gurusharan Singh Ahluwalia handed him the said articles. Satya Prakash was also added as an accused based on his mobile's locations. Satya Prakash claimed that he had kept his mobile in his car to track his driver's movements. The prosecution alleged that Satya Prakash, with Ajay Salunke and others, prepared and dispatched forged postal articles containing false complaints with the intent to defame and damage Dharamveer's reputation.Satya Prakash, a class II Gazetted Officer, contended that he was falsely implicated in the case. He claimed that authorities solely relied on his mobile location, which, without any proof of participation or presence, is weak and inconclusive evidence. He further contended that merely dispatching postal articles, without knowledge of their contents or intention, cannot constitute an offence of forgery. Additionally, the complainant had already initiated a defamation case against the accused individuals, and therefore, these criminal proceedings have been filed as an act of vendetta. Public Prosecutor appearing for the State opposed the prayer, asserting that the evidence collected prima facie discloses the commission of a cognizable offence. It was further claimed that the mobile location of Satya was in close proximity to the place of occurrence at the relevant time. The defence that the mobile was kept to check the movements of the driver was an afterthought. The court emphasised that the inherent jurisdiction under Section 482 CrPC must be used sparingly and only where the complaint or FIR at its face value or in its entirety does not disclose the commission of any offence. The court observed that the material collected during the investigation prima facie disclosed the commission of an offence under Sections 465 and 469 IPC. "Though the applicant has sought to explain the said location on the plea that the mobile phone was kept in his vehicle to monitor the driver's movement, such an explanation is essentially a matter of defence which can only be tested during trial and not at this stage", the court added. The court also noted the statement of another witness who claimed that he saw Ajay carrying yellow envelopes handed over by Satya Prakash to the RMS Office. Thereafter, he claimed that Ajay handed over the receipts to Satya. "The totality of circumstances, namely, the role of the driver, the proximity of the applicant's location, and the nature of the forged documents create a prima facie nexus sufficient to justify continuation of investigation and prosecution", the court further noted. The case was therefore dismissed. Case Title: Satya Prakash Sharma v State [2025:MPHC-GWL:25528]For Applicant: Advocate Sanjay GuptaFor State: Public Prosecutor BPS ChauhanFor Complainant: Senior Advocate Rakesh Kumar Sharma with Advocates V.K. Agarwal and Rahul JhaClick here to read/download the Order

MP High Court Refuses To Quash Forgery FIR Against Government Officer Following Journalist's Complaint

Jayanti Pahwa

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