Madhya Pradesh High Court
Suresh Kushwah vs The State Of Madhya Pradesh on 6 August, 2025
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2025:MPHC-GWL:16720
1 WP-30941-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
ON THE 6 th OF AUGUST, 2025
WRIT PETITION No. 30941 of 2025
SURESH KUSHWAH
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Pratip Visoriya - Advocate for the petitioner.
Shri Vivek Khedkar, learned AAG with Shri BPS Chauhan -
Government Advocate appearing on behalf of State.
ORDER
Per: Justice Anand Pathak
Shri R.M. Dubey, D.S.P. Panna, Ms. Madhvi Agnihotri, T.I. Police
Station Amanganj Panna, Ms. Akansha Jain, DSP Datia are present in
person. They produced corpus Rahul Kushwah.
2. Petitioner Suresh Kushwah present in person.
3. The present petition is in the nature of habeas corpus.
4. It is the allegation of petitioner that police officers of Police Station
Amanganj Panna illegally lifted son of petitioner (corpus herein) for the
purpose of investigation in a criminal case for alleged offence under Section
379 of IPC. After some days when this petition was preferred, then they
released him without investigating the role of corpus as accused. He was
NEUTRAL CITATION NO. 2025:MPHC-GWL:16720
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taken purportedly as witness. Therefore, this petition is preferred.
5. It is submission of Counsel for the petitioner that son of petitioner
(corpus herein) was detained between the period from 29th of July, 2025 till
today. This is illegal confinement at the hands of police authorities.
6. Counsel for the petitioner further submits that he was not involved
in any criminal activity and such confinement amounts to illegal detention.
7. Counsel for the respondent/State opposed the prayer. According to
him corpus was taken for investigation purpose in respect of other co-
accused. Regarding some persons/proceedings of said crime, enquiry was
made from him. On 31.07.2025 he was released by police, thereafter, he
stayed at Panna because he was required for investigation on 01.08.2025.
Therefore, it was difficult for him to come back to Datia and return again. He
specifically submits that he was not in illegal confinement. Therefore,
petition is rendered infructuous.
8. This Court raised specific query from corpus and he submits that he
was not illegally detained by police. He cooperated in investigation.
9. Heard the counsel for the parties and perused the documents.
10. It is the case where the son of petitioner was in alleged illegal
confinement of police authorities i.e. P.S. Amanganj (district Panna). From
the discussion and contents of status report it appears that he was taken by
police for investigation purpose. However, the corpus himself given
statement at bar that he was not illegally detained and went to participate in
investigation, therefore, this Court has no other option, but to drop the
proceedings. Corpus already appeared and wants to go to family members.
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11. In the conspectus of facts and circumstances of the case, although
writ petition of habeas corpus is rendered infructuous, but at the same time a
word of caution deserves to be given to the police officers so that they have
to be more vigilant next time and see to it that any incumbent shall not be
detained illegally and shall not be detained for days together as it is contrary
to the very concept of Constitution at liberty and different judgments passed
by this Court from time to time.
12. With the aforesaid, petition stands disposed of. Corpus is set free.
13. Liberty is given to petitioner or his son (corpus herein) to under
take appropriate proceedings including the proceeding for claiming
compensation from the authorities, if as such remedy is available to the
petitioner.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
Chandni
