The Supreme Court has quashed a charge sheet against an Assistant Registrar after holding that he was a victim of a factional fight in the Church of North India, Jabalpur Diocese. The Apex Court held that the Certificate of Registration with the name of the Society changed was issued after following the mandated process.

The appeal before the Apex Court was filed against the impugned order of the Madhya Pradesh High Court, which refused to quash the chargesheet under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). The allegation was of misappropriation of funds and illegal transactions in land owned by the Trust, registered as a Society, in which the appellant was roped in on the singular act of issuing a Certificate of Registration with the name of the Society changed.

The Division Bench of Justice J. B. Pardiwala and Justice K. Vinod Chandran held, “The appellant who was working as Assistant Registrar,Firms & Societies at Jabalpur is a victim of factional fight in the Church of North India, Jabalpur Diocese.”

“On the conspectus of the circumstances explained, we reiterate that the factional dispute in the organization led to the registration of the crime against the accused which by no stretch of imagination can be sustained. A mere look at the allegations levelled and the records produced herein would clearly indicate that the appellant was not culpable at all, and it cannot be said that the misappropriation was on account of the change of name.”

Advocate Aditya Dev Triguna represented the Appellant while Deputy Advocate General Rudraditya Khare represented the Respondent.

Factual Background

The appellant was working as Assistant Registrar, Firms & Societies at Jabalpur. On the allegation of offences punishable under Sections 406, 420, 468, 471, 120-B, 109, 409 & 467 of the Indian Penal Code, I860 (IPC) and Sections 7, 13(1)(b) and 13(2) of the Prevention of Corruption Act, 1988 (PC Act), a complaint was filed in the Police Station, Economic Offences Wing, Bhopal Dehat, Bhopal. A chargesheet was also filed before the Special Judge, (P.C. Act), Jabalpur.

The allegation against the appellant was of forging the certificate issued by the Assistant Registrar regarding the change of name of the Nagpur Diocesan Board of Education, Jabalpur to Board of Education Church of North India, Jabalpur Diocese. It was also alleged that the certificate was dated July 11, 1959, which was clear forgery.

Arguments

It was the case of the appellant that the date shown in the certificate was of the original registration of the Society under the Madhya Pradesh/ Chattisgarh Society Registrikaran Adhiniyam,1973 and Niyam, 1988. It was further submitted that the question of forgery could not be raised since it was issued in terms of the provisions of the Act, specifically Section 10, on a proposal made by the Society.

It was the case of the State that allegations involved huge misappropriation, diversion of funds and also sale of immovable properties belonging to the Trust.

Reasoning

On a perusal of the facts of the case, the Bench noted that the Executive Council of the Nagpur Diocesan Board of Education, Jabalpur, recommended the change of name to the General Council and an application made for change of name to the appellant was responded to by the appellant, pointing out certain defects. A fresh application was submitted curing the defects noticed. The Bench noted that the registration certificate was issued on February 19, 2003, after such procedure was followed.

One of the allegations raised was that the appellant had colluded with the first accused, the then Bishop of Jabalpur Diocese. The Bench found that, as per the minutes of the meeting of the Executive Council and the General Council, the said person was not even a member of the Executive Council or in the General Council and had not affixed its signature on the minutes of either of these Councils. “The first accused is said to have taken charge long after the change in name”, it stated.

The Bench noted that the factional dispute in the organization led to the registration of the crime against the accused. The issue of whether any civil dispute was raised was also answered in the negative. Thus, reversing the order of the High Court, the Bench allowed the appeal and quashed the chargesheet against the appellant.

Cause Title: B.S. Solanki v. The State of Madhya Pradesh (Neutral Citation: 2026 INSC 749)

Appearance

Appellant: Advocate Aditya Dev Triguna, AOR Dhawesh Pahuja

Respondent: Deputy Advocate General Rudraditya Khare, AOR Mrinal Gopal Elker, Advocates Chhavi Khandelwal, Silpi S Swain, Srajan Yadav

Click here to read/download Judgment


Justice JB PardiwalaJustice K. Vinod Chandran

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.