'Attempt To Stop Police Search For Murder Accused Brother-In-Law' MP High Court Fines Man ₹50K For Filing Fake Plea Over Sister's Detention

The Madhya Pradesh High Court imposed Rs. 50,000 cost on a man who had filed a habeas corpus plea claiming that his sister was illegally detained, observing that it seemed that the entire story was developed by the siblings in order to stop the police from looking for the sister's husband who is wanted in a murder case. The petition was filed by the corpus's brother, Shalinder Singh, who alleged that his sister, along with three family members were illegally detained by Maharajpura Police Station in Gwalior. After the sister was produced before the division bench of Justice GS Ahluwalia and Justice Pushpendra Yadav , the bench in its order observed that the she had alleged that on May 10, May 11 and May 12 she was kept at an "unknown place" though not in the police station; however in spite of repeated requests by the Court, "she did not disclose the place where she was kept by the police".The bench noted that the corpus made a specific statement that while she was being released, the police had demanded Rs. 1 Lakh from her family members and they had reached "the unknown place" on information given by the police where she was allegedly detained. It thereafter said: "It is really surprising that the sister and other family members of the corpus had visited the unknown place where, according to the corpus, she was detained by the police, yet, even today, the corpus was not in a position to disclose the place where according to her she was detained by the police. This clearly shows that the corpus is telling a lie before the Court.Even otherwise, if all the allegations were right, then no one had prevented the petitioner from filing an application for amendment on affidavit making an allegation of demand of ₹1,00,000/- as well as disclosing the fact that the corpus has returned back to her house on 12-05-2026 at 04:00 p.m. Although petitioner has specifically stated that he had talked to the counsel thrice, but why the amendment application was not filed is not known".The bench also noted that the whent the matter was heard in the morning, the brother's counsel did not disclose that the sister had come back and was staying in her house; and it was State's counsel which had informed the court of this development. "If the corpus was honest, then it was expected from counsel for petitioner that immediately after the case was called, he should have informed the Court that although the corpus has returned back, but there were certain atrocities and illegal detention by police, but that was not done and again, an attempt was made to suppress the fact that the corpus is at her house. Under these circumstances, this Court is of considered opinion that in fact the corpus was never taken by police on 11-05-2026 and she was never kept by police at the police station or any other place and, therefore, there was no question of release of corpus by police on 12-05-2026 at 04:00 p.m.It appears that the entire story has been developed by the corpus with the help of her brother Shailendra Singh in order to pressurize the police to stop looking for her husband who is wanted in a case of murder. In fact, this petition appears to be a misuse of lawful authority of this Court and it has to be checked with iron hands, otherwise the police will not be in a position to discharge its duties"When the case was first heard, the court had directed the State to either produce the sister or place the relevant case diary on record. In the subsequent hearing, the State informed the court that the sister was at her residence and had refused to accompany the police to the court. The bench therefore directed the petitioner to ensure her presence before the Court at 1:00 pm. When the matter was taken up again, the court noted that the sister's husband was accused of a murder case and was absconding. According to the corpus, the police had been frequently visiting her residence in search of her husband and harassing the family. Therefore, she shifted to her sister's house. The corpus further alleged that she was first taken into custody on May 10 without any FIR being communicated to her family. It was further claimed that when the family members reached out to know her whereabouts, as she was not kept in the police station but at some unknown location, the police officers demanded ₹1 Lakh as illegal gratification for her release. However, she was later released on the same day, just to be detained again on May 11, 2026. On May 11, 2026, the corpus, along with three other family members, including her 2-year-old minor son, was illegally detained.The corpus further submitted that she was unaware that her brother filed a habeas corpus and therefore did not know that she was required to appear before the court. The court noted that although the petitioner claimed that he informed his counsel on May 12, 13 and the morning of 14 May, that the corpus had already returned home, no application was filed disclosing the same to the...

'Attempt To Stop Police Search For Murder Accused Brother-In-Law' MP High Court Fines Man ₹50K For Filing Fake Plea Over Sister's Detention

Jayanti Pahwa

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'Attempt To Stop Police Search For Murder Accused Brother-In-Law' MP High Court Fines Man ₹50K For Filing Fake Plea Over Sister's Detention

Jayanti Pahwa

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INR 1099+GST

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Jayanti Pahwa

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