Madhya Pradesh High Court Refuses To Quash FIRs In School Books, Fee Hike Case

The Madhya Pradesh High Court has refused to quash multiple FIRs registered against private school functionaries, booksellers and others in Jabalpur, holding that the material on record prima facie discloses a “structured and deliberate scheme” aimed at generating unlawful financial gain through circulation of books with fake or duplicate ISBNs and coercive supply practices.

In a detailed order, Justice B.P. Sharma dismissed a batch of petitions filed under Section 482 of the Code of Criminal Procedure seeking quashing of FIRs arising out of allegations relating to excessive fee hikes and the sale of books allegedly carrying duplicate ISBN numbers. The petitions were filed by principals, members of school management committees and booksellers associated with several private unaided schools in the region.

The petitioners argued that the proceedings were a misuse of criminal law, contending that the governing statute, the M.P. Niji Vidyalaya (Fees Tatha Sambandhit Vishayon Ka Viniyaman) Adhiniyam, 2017 did not contemplate criminal liability and instead provided for regulatory penalties such as fines and fee refunds. It was further submitted that the very foundation of the FIRs, namely the inquiry report ordered by the district administration, had already been set aside in writ proceedings by a Division Bench.

Senior Advocate Vivek K. Tankha, appearing for the petitioners, argued that there was no evidence of coercion on parents to purchase books from specific vendors and that the prosecution’s case was riddled with inconsistencies, including improper seizure of books and unreliable ISBN verification. The defence emphasised that ISBN allocation is not a legal requirement and that discrepancies in verification could not form the basis of criminal prosecution.

Opposing the pleas, the State contended that the allegations were serious and revealed a nexus between school managements, booksellers and publishers. It argued that parents had been compelled to purchase books at inflated prices and that several books bore forged or invalid ISBN numbers, indicating fraudulent practices.

After examining the record, the Court held that the case could not be dismissed at the threshold. It observed that the investigation had revealed a coordinated mechanism whereby books were introduced into school curricula and supplied through selected vendors at disproportionately high margins, in some cases reaching nearly 69 percent. The Court noted that such pricing, coupled with allegations of fake ISBNs, suggested “unlawful commission and fraudulent gain.”

The bench further found that the exclusivity of supply and timing of disclosure of book lists created a situation where parents had “no real or effective choice,” thereby pointing to coercive commercial practices. It recorded that the financial impact on parents was substantial, with additional expenditure running into lakhs of rupees.

On the issue of conspiracy, the Court said that material on record indicated a “coordinated pre-arrangement and meeting of minds” between school authorities and booksellers. It also took note of the seizure of books bearing invalid or mismatched ISBNs, observing that such books were not part of the legitimate open market supply chain.

Rejecting the argument that principals could not be held liable for forgery as they were not the “makers” of the books, the Court held that their role could not be viewed in isolation in the backdrop of an alleged conspiracy. It clarified that such defences would have to be tested during trial.

Importantly, the Court reiterated the settled principle that inherent powers under Section 482 CrPC must be exercised sparingly and cannot be invoked where allegations disclose cognizable offences supported by prima facie material. It observed, “the allegations are supported by documentary evidence, seizure material, expert verification, and witness statements,” and cannot be termed inherently improbable.

Holding that the case did not fall within the exceptional categories warranting quashing, the Court dismissed all petitions and directed the trial court to proceed in accordance with law. It also instructed the Superintendent of Police, Jabalpur, to expedite the ongoing investigation against absconding accused, particularly publishers.

Case Title: Atul Anupam Abraham & Anr. v. The State of Madhya Pradesh and Others with connected matters

Date of Order: April 6, 2026

Bench: Justice B. P. Sharma