The Madhya Pradesh High Court, Jabalpur has quashed the FIR lodged against Senior Advocate Prakash Upadhyay, clearly stating that the allegations were "false, fabricated, and malicious." Justice Vishal Mishra, delivering the order on 8 September 2025, directed the police to take action against the complainant for repeatedly filing false cases.
Background
In June 2025, an FIR was registered at Civil Lines Police Station, Rewa, accusing the advocate of raping a minor girl. But this was not the first such case. Records placed before the court revealed that the complainant had earlier accused her relatives, a teacher, a landlord, and even the same advocate of sexual offences. In almost all the cases, police later found the allegations baseless.
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During the hearing, senior advocate Anil Khare, appearing for the petitioner, argued that the complainant had initially engaged Upadhyay as her lawyer. But when he refused to continue her case and gave her an NOC, she started filing these false cases to pressurize and blackmail him.
"Allowing such cases to continue is nothing but unnecessary harassment of a senior officer of the court," he said.
Court's Observations
Justice Mishra said that looking at the record, it was clear the complainant had been filing false cases repeatedly, even using her own daughters names.
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The order stated:
"It is apparent that the complainant is in the habit of lodging false and frivolous complaints."
The court pointed out several contradictions. In one case, the woman claimed that the advocate raped a child inside the High Court premises, but CCTV footage and travel documents proved otherwise. In another case, she alleged that he entered her house at midnight, but her husband and neighbors categorically denied such an incident.
Referring to the Supreme Court's rulings in the Bhajan Lal case and Neeharika Infrastructure case, Justice Mishra said courts must intervene when proceedings are clearly abusive.
"Continuing such proceedings against a senior advocate would amount to abuse of process of law," the order read.
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Decision
The High Court quashed FIR No. 255/2025 and all related proceedings. Going further, it invoked Section 22 of the POCSO Act, 2012 and Section 240 and 248 of the Bharatiya Nyaya Sanhita, 2023, ordering the Superintendent of Police, Rewa, to take immediate action against the complainant for lodging false complaints.
The court also issued a warning if she files similar complaints in the future, police must first conduct a preliminary inquiry before acting. Justice Mishra noted that misuse of laws meant to protect children not only destroys the reputation of innocent persons but also weakens genuine cases of abuse.
With this, the petition was allowed and proceedings brought to an end.
Case Title:- Prakash Upadhyay vs. The State of Madhya Pradesh and Others
Case No.:- Writ Petition No. 20604 of 2025
