Court Denies Relief to Hitesh Kumar Tarwani, Citing Sufficient Prima Facie Evidence and Disputed Questions of Fact
In a significant ruling, the Madhya Pradesh High Court on August 11, 2026, dismissed a petition filed by Hitesh Kumar Tarwani seeking the quashing of an FIR and subsequent proceedings against him related to illegal IPL betting activities. The judgment, delivered by Justice Himanshu Joshi, emphasized the presence of prima facie material indicating Tarwani's involvement in the alleged offenses and highlighted that the issues raised involve disputed questions of fact that need to be adjudicated during trial.
The petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the FIR registered at Police Station Madan Mahal, Jabalpur, for offenses under the Public Gambling Act and various sections of the Indian Penal Code. According to the prosecution, the investigation revealed substantial evidence linking Tarwani to the illegal betting operations, including the seizure of cash and documents during raids at locations connected to the accused.
Tarwani's counsel argued that the FIR should be quashed as the petitioner was implicated solely based on co-accused statements without any independent evidence. The defense further contended that a co-accused, Sanjay Sanpal, had already been granted relief, and the material against Tarwani was similar, entitling him to parity.
However, the court rejected these arguments, stating that the principle of parity cannot be applied mechanically. The court noted that the material against Tarwani required independent evaluation and that he failed to demonstrate identical circumstances with the co-accused who received relief.
In conclusion, the court found no grounds for exercising inherent jurisdiction to quash the FIR, underscoring that the allegations and evidence presented required examination during the trial process. This decision highlights the judiciary's cautious approach in dealing with cases involving serious allegations and the necessity of thorough scrutiny in the judicial process.
Bottom line:-
Quashing of FIR and consequential proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - Relief denied as sufficient prima facie material exists against the petitioner - Principle of parity with co-accused not applicable mechanically without identical facts and evidence.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Public Gambling Act, Indian Penal Code Sections 109, 112, 114, 120B, 420
