Madhya Pradesh High Court News & Judgments

Madhya Pradesh High Court

“Justice Hurried is Justice Buried”: MP High Court Sets Aside Order in Rewa POCSO Case

The Madhya Pradesh High Court set aside an order of a Special POCSO Court in Rewa that had rejected the accused’s application to summon key prosecution witnesses, including the forensic expert who prepared the DNA report.

Justice A.K. Singh observed that while expeditious disposal of old cases is important, it cannot come at the cost of a fair trial, remarking that “justice delayed is justice denied” must be read alongside “justice hurried is justice buried.”

The High Court directed the trial court to summon and examine the expert and other witnesses as requested, and thereafter proceed to decide the case in accordance with law.

Read Details / 5 days ago

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MP HC Rejects Constable’s Plea for Reinstatement After State Reduced Dismissal to Compulsory Retirement

The Madhya Pradesh High Court dismissed a petition filed by a police constable challenging his compulsory retirement after the State modified his dismissal through a mercy petition.

The Court held that mercy is not a legal right and cannot be claimed as a matter of entitlement. It noted that there is no statutory provision for a mercy petition, yet the State showed leniency by reducing the punishment.

The Court also found that the Superintendent of Police was competent to impose the original penalty.

Holding that orders passed in mercy jurisdiction are not ordinarily subject to judicial review, the Court rejected the plea.

[Babulal Deewan v. State of MP]

Read Order / 6 days ago

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MP High Court Denies Bail to Doctor in Chhindwara Cough Syrup Death Case

The Madhya Pradesh High Court refused bail to Dr. Praveen Soni, who was arrested for allegedly prescribing “Coldrif” cough syrup linked to the deaths of more than 26 young children in Chhindwara district.

The Court noted an allegation that a senior paediatrician had warned Dr. Soni about past deaths caused by DEG-contaminated cough syrup and suggested a similar risk, but Dr. Soni continued prescribing the medicine.

The Court also recorded allegations that he prescribed a fixed-dose combination allegedly banned by a government circular dated 18.12.2023, and that public health was impacted.

[Dr. Praveen Soni v. The State of Madhya Pradesh]

Read Details / 8 days ago

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Supreme Court Dismisses Appeals in Actress Prathyusha Death Case, Upholds Abetment Conviction

The Supreme Court of India has dismissed appeals in the 23-year-old death case of Telugu/Tamil actress Prathyusha, ruling out allegations of murder and rape.

A Bench of Justices Rajesh Bindal and Manmohan held that consistent eyewitness accounts and medical evidence established death by poisoning. The Court noted that Prathyusha and her boyfriend, Gudipalli Siddhartha Reddy, had consumed poison amid opposition to their relationship, though Reddy survived.

Rejecting the defence of accidental intake, the Court found Reddy guilty of abetment to suicide for procuring the poison and directed him to surrender within four weeks.

It also termed the postmortem conducted by Dr. Muni Swamy unprofessional.

[Gudipalli Siddharta Reddy v. State (C.B.I.)]

Read Details / 9 days ago

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Madhya Pradesh High Court Grants Police Protection to Inter Caste Married Couple

The Madhya Pradesh High Court directed police protection to an inter-caste couple who alleged threats and harassment from relatives after their marriage.

The Court noted that both petitioners were majors and had solemnised the marriage voluntarily. It is observed that adults are entitled to marry a person of their choice and live without interference.

Relying on Supreme Court precedents, the Court said that attempts to falsely implicate the couple in criminal cases or threaten them infringe their personal liberty and dignity.

It directed the Superintendent of Police to ensure their safety and prevent any unlawful acts.

[Smt Neha Yadav & Ors. v. State of Madhya Pradesh & Ors.]

Read order / 12 days ago

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MP High Court Flags Police Lapses After DNA Test Clears Rape Accused, Seeks DGP’s Response

The Madhya Pradesh High Court criticised police inaction after a DNA test cleared a man accused in a rape case but no steps were taken to identify the real culprit.

The Court questioned whether police officers require further training and asked the Director General of Police to examine the issue.

It noted that further investigation was initiated without seeking the trial court’s permission, contrary to Supreme Court guidelines.

While directing proper investigation to trace the biological father, the Court rejected the accused’s bail plea, holding that the DNA report alone cannot discredit the prosecutrix’s statement.

[Jitendra v. State of Madhya Pradesh & Ors.]

Read order / 14 days ago

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Pen Drive Evidence Cannot be Filed Late in Trial Without Proof of Relevance: MP High Court

The Madhya Pradesh High Court refused to allow a pen drive allegedly containing the deceased’s voice recording to be introduced at a late stage in a forgery trial.

The Court held that electronic evidence must be clearly relevant to the charges and capable of proper proof under Section 65B of the Evidence Act.

It observed that the accused were being tried for forging medical documents, not for medical negligence. The Court also noted the delay of over three years and the absence of material identifying the voice in the recording.

Finding no illegality in the trial court’s order, it dismissed the plea.

[Malini Jain v. Pankaj Bhutad & Ors.]

Read order / 15 days ago

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Marriage or Pregnancy Cannot Obstruct Education: MP High Court Directs College to Grant Attendance Relaxation

The Madhya Pradesh High Court has ruled that marriage and pregnancy cannot become barriers to a woman’s right to education.

The Court directed educational institutions to grant maternity or child care leave and relax attendance requirements for female students when required.

Observing that maternity protection available in workplaces must extend to academic institutions, the Bench held that denying examinations due to pregnancy defeats women’s educational rights.

The Court also stressed that colleges should provide extra classes, study material, and academic support during pregnancy or after childbirth, ensuring that women are not forced to choose between education and motherhood.

Read order / 17 days ago

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Madhya Pradesh High Court Upholds Reinstatement of Teacher Dismissed After Criminal Conviction

The Madhya Pradesh High Court upheld a single judge’s order setting aside the dismissal of a government teacher who was convicted under Sections 148 and 325/149 of the IPC and sentenced to simple imprisonment of one to two years.

Following the conviction, the State dismissed him from service in March 2023 by invoking Rule 19(1) of the MP Civil Services (CCA) Rules, 1966, without holding a departmental inquiry.

The Court held that the offence did not involve moral turpitude and found the dismissal unjustified.

It directed reinstatement with all consequential benefits and six per cent annual interest, dismissing the State’s appeal.

Read Details / 19 days ago

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Long-Serving Court Employees Can’t be Removed Over Procedural Irregularities: Madhya Pradesh HC

The Madhya Pradesh High Court set aside the termination of several Class-III employees working in District Courts, holding that their removal after more than 22 years of service was legally unsustainable.

The Division Bench held that the appointments made in 1994-95 were not illegal or void from the beginning, but only procedurally irregular, and such irregularities stood cured due to long and continuous service.

The Court noted that no statutory recruitment rules existed at the time, and the Medical Examination Rules were adopted only in 1996.

The Court ruled that long-standing appointments cannot be disturbed in the absence of fraud, directed reinstatement, but denied back wages.

[Mohd. Shamim & Ors v. the State of Madhya Pradesh & Ors.]

Read Order / 22 days ago

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Madhya Pradesh High Court: Secured Creditor Not Required to Invoke Section 14 under SARFAESI

The Madhya Pradesh High Court held that a secured creditor is not mandatorily required to invoke Section 14 of the SARFAESI Act, 2002, for taking physical possession of secured assets if no resistance is faced from the borrower.

The case arose from a writ petition filed by UCO Bank challenging the orders of the Debts Recovery Tribunal and Debts Recovery Appellate Tribunal, which had directed restoration of possession of mortgaged properties and refund of the auction amount.

The Court said that Section 13(4) read with Rule 8 of the Security Interest (Enforcement) Rules, 2002 permits direct possession, and Section 14 is only an enabling provision for seeking administrative assistance.

[UCO Bank v. M/s Asha Oil Industries & Ors.]

Read Details / 22 days ago

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MP High Court Rejects Husband’s Plea Seeking Wife’s Virginity Test in Divorce Case

The Madhya Pradesh High Court dismissed a husband’s request to subject his wife to a medical examination in a divorce matter.

The case arose from a divorce petition filed before a family court, where the husband alleged cruelty on the ground that the wife refused to engage in sexual relations with him. The Court observed that the application was, in substance, a demand for a virginity test and would result in invasion of privacy and humiliation.

The Court further held that refusal to engage in sexual relations does not constitute an independent ground for divorce under the Hindu Marriage Act and that medical examination was not necessary to decide the dispute.

The husband was permitted to rely on other evidence.

[Bhupendra Kushwaha v. Smt. Priyanshi Kushwaha]

Read Order / 28 days ago

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MP High Court Confirms Death Sentence in ‘Rarest of Rare’ Rape and Murder Case

The Madhya Pradesh High Court confirmed the death sentence imposed by a trial court in a case involving the rape and murder of a five-year-old girl in Bhopal.

The Court held that medical and post-mortem evidence proved sexual assault and injury caused by a sharp weapon, satisfying the legal test for conviction.

It further held that the offence met the threshold of the “rarest of rare” category.

The Court also upheld the two-year imprisonment awarded to the convict’s mother and sister for concealing evidence connected with the offence.

Read Details / 30 days ago

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Aspirant Must Track Recruitment Updates Independently: MP High Court

The Madhya Pradesh High Court held that candidates participating in recruitment processes are solely responsible for regularly monitoring the official website for updates and instructions.

The Court observed that failure to submit documents within prescribed timelines cannot be excused on personal or medical grounds. It dismissed the plea of an Assistant Professor aspirant whose candidature was cancelled for delayed document submission.

The Court observed that recruitment advertisements create binding statutory obligations on candidates. It further held that timelines mentioned in advertisements are sacrosanct and not subject to judicial relaxation.

The Commission, once deadlines expire, becomes functus officio regarding such candidature.

[Aaradhana Buj v. State of MP]

Read Details / a month ago

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Staff Crunch in Government Schools: MP High Court Seeks Vacancy Details From State

The Madhya Pradesh High Court directed the State Government to file an affidavit placing on record the number of vacant teaching posts in government schools.

The Court observed this while hearing a PIL alleging that several schools were either inadequately staffed or had no teachers at all. It noted that the issue impacts the fundamental right to education under Article 21-A of the Constitution.

The Court also observed that the State is obligated under the RTE Act, 2009, to ensure the timely appointment of teachers and maintain the prescribed pupil-teacher ratio.

The matter was listed for further hearing.

[Lok Singh v. State]

Read Details / a month ago

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