Agar Malwa (Madhya Pradesh): An Additional Sessions Court in Bhawani Mandi, Rajasthan, has quashed the order directing the registration of an FIR against Agar Malwa police officers, including station in-charge Shashi Upadhyay, giving major judicial relief to the accused policemen.
The controversy dates back to Jan 28, when an Agar Malwa Kotwali police team conducted an NDPS operation in Ghatakhedi village on the Madhya Pradesh-Rajasthan border.
Complainant Hamid Khan alleged that around 100 police personnel entered his home at 4 am, misbehaved with women, abducted two youths, demanded a bribe of Rs 10 lakh and filed a false case against him after he refused.
The ACJM Chaumhala Court ordered the registration of an FIR on June 11 and June 15 under multiple BNS sections. The six policemen challenged the orders through Criminal Revision Petition No 10/2026.
Additional Sessions Judge Rajiv Dattatreya, in a detailed 24-page judgment, held that the lower court's orders suffered from several legal flaws.
The trial court did not seek the mandatory report from senior officers under Section 223(2) of the BNSS before ordering the FIR.
It also denied the public servants their right to be heard under Section 75(4). Crucially, the trial court reversed its own June 11 order within just four days without any new evidence, a move the Sessions Court termed legally untenable.
The Sessions Court declared both orders void and directed the trial court to conduct a fresh hearing, giving both parties an equal opportunity to present their cases.
It also sent a copy of the order to the SP, Agar Malwa, and the SHO, Dag police station, Rajasthan.
