Court finds lack of corroborative evidence and non-examination of key witnesses weakens the prosecution case against the Central Government employee.
In a significant ruling, the Madhya Pradesh High Court quashed an FIR against Pankaj Mishra, a Central Government employee accused of misconduct in a crowded public bus. The court found the absence of corroborative medical evidence and the omission to examine key independent witnesses, such as the bus conductor, fundamentally weakened the prosecution's case.
The judgment, delivered by Justice Himanshu Joshi on February 13, 2026, in the Jabalpur bench, emphasized the importance of foundational evidence in criminal proceedings. The case stemmed from an incident on February 20, 2025, where the complainant alleged that Mishra engaged in inappropriate physical contact and behavior during a bus journey from Nagma to Rewa. The FIR was registered under Sections 74, 75(1)(i), and 296 of the Bharatiya Nyaya Sanhita, 2023.
Upon reviewing the investigation, the court observed that while statements from three passengers were recorded, crucial testimony from the bus driver and conductor was absent. This omission was critical, as the FIR explicitly noted the conductor's intervention during the alleged incident. Furthermore, the medical examination of the complainant did not reveal any signs of physical injury, contradicting the allegations of forceful contact.
The court also addressed the misuse of criminal law, warning against the invocation of serious penal provisions in personal disputes without substantive evidence. Such actions, the court noted, risk damaging the accused's reputation and career and could undermine public confidence in the legal system.
Justice Joshi dismissed the petitioner's claim for protection under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as the alleged act was not committed in the discharge of official duty. Nonetheless, the court concluded that proceeding with the case without sufficient evidence would constitute an abuse of the legal process.
Ultimately, the court exercised its inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR and all related proceedings, emphasizing the need to prevent misuse of the legal system and ensure justice.
Bottom Line:
Quashment of FIR - Allegations of physical assault and misbehavior in crowded public bus - Absence of corroborative medical evidence and omission to examine independent witnesses render prosecution version doubtful.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Sections 74, 75(1)(i), 296; Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 218, 528
Pankaj Mishra v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur) : Law Finder Doc id # 2860508
