Madhya Pradesh High Court Monthly Digest: February 2025

• Dilip Marmat Versus Collector And Others 2025 LiveLaw (MP) 30
• Dr. Khyati Shekhar Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 31
• Bharatlal versus State of Madhya Pradesh 2025 LiveLaw (MP) 32
• Simmi Bai Versus Shrimaan Police Mahanirikshak Mahodaya And Others 2025 LiveLaw (MP) 33
• Nausad Qureshi Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 34
• Rahul Shukla versus The State of Madhya Pradesh & Ors 2025 LiveLaw (MP) 35
• Tej Narayan Sharma Versus The State Of Madhya Pradesh 2025 LiveLaw (MP) 36
• K.L. Sharma College Of Nursing Sehore Versus The State Of Madhya Pradesh And Others 2025 LiveLaw (MP) 37
• Amit Kumar Khodake v. Smt. Madhuri @ Anjali 2025 LiveLaw (MP) 38
• Sanjay Maliwal vs. Kavita Thakur and Ors 2025 LiveLaw (MP) 39
• In Reference (Suo Motu) Versus The State of Madhya Pradesh And Others 2025 LiveLaw (MP) 40
• Bhura Kaurav Versus The State Of Madhya Pradesh And Ors 2025 LiveLaw (MP) 41

Judgements/ Final Orders:

[Senior Citizens Act] Son-In-Law Must Vacate Father-In-Law's House In Case Need Arises For Peaceful Income For Senior Citizen U/S 23 Of The Act: MP HC

Case Title: Dilip Marmat Versus Collector And Others

Citation: 2025 LiveLaw (MP) 30

The Madhya Pradesh High Court in a recent ruling ordered eviction of a son-in-law residing on premises belonging to his retired father-in-law who needed the said property as a source of additional income to maintain his wife and children.

Dismissing the appeal, the High Court upheld the decision of the writ court wherein it was opined that by implication if the house was given to the daughter, the son-in-law after the death of the daughter, will be included in the definition of children as defined in Section 2(a) of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and therefore, the son-in-law has a duty to maintain the senior citizen as defined in Section 2(h) of the Act.

NEET 2024 | Vacant NRI PG Seats In Private Colleges To Be Included In Last Round Of Counselling For General Quota: State To Madhya Pradesh HC

Case Title: Dr. Khyati Shekhar Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 31

In a plea seeking inclusion of 48 vacant NRI seats of Private Medical Colleges and its conversion into General quota seats for meritorious candidates, the State government told the Madhya Pradesh High Court that if NRI seats are vacant, it will be filled from the General category based on merit in the last round of the counselling process of NEET-PG 2024.

Info On Filing Of Bail Pleas Is Seamlessly Reaching Police Stations Who Are Uploading Case Diaries: Addl DGP SCRB Tells Madhya Pradesh HC

Case Title: Bharatlal versus State of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 32

In a matter concerning seamless requisitioning and transmission of Case Diaries, the Indore Bench of Madhya Pradesh High Court directed its Registrar IT in consultation with the Additional Director General of Police, State Crime Record Bureau to prepare project report and submit before the court's Computerization Committee within 15 days.

Thus, after hearing the suggestions and steps taken to facilitate seamless requisitioning and transmission of case diaries, the Court closed the matter with the following directions:

1. The Registrar I.T.-C.S.A in consultation with the ADGP (S.C.R.B.) shall prepare project report and submit before the Computerization Committee of High Court of Madhya Pradesh at the earliest, preferably within 15 days.
2. If further test run is required, it may be taken up for requisition and uploading of case diaries for this Court.
3. The Commissioner of Police, Indore and the Superintendents of Police are expected to supervise the test run for online requisition and uploading of case diaries within their jurisdiction.
4. The State Government is expected to provide adequate bandwidth and seamless network at every police station.

Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates

Case Title: Simmi Bai Versus Shrimaan Police Mahanirikshak Mahodaya And Others

Citation: 2025 LiveLaw (MP) 33

While hearing a Habeas Corpus Petition, the Madhya Pradesh High Court has reiterated that cases of missing persons cannot be brought under the provision of Habeas Corpus and that such cases are to be filed under regular provisions of the penal law.

Governor Can't Punish Guilty Govt Official By Dismissal Under Rules, Can Only Withhold/Withdraw Pension For Misconduct: Madhya Pradesh HC

Case Title: Nausad Qureshi Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 34

While setting aside a dismissal order of a retired government official, the Indore Bench of Madhya Pradesh High Court concluded that under the state civil service pension rules the Governor can only withhold or withdraw the officer's pension for grave misconduct/negligence but cannot impose punishment of dismissal.

Mutation | Tehsildar Can't Relegate A Person To Civil Court To Seek Declaration That He Is Legal Representative Of Deceased Owner: MP High Court

Case Title: Rahul Shukla versus The State of Madhya Pradesh & Ors

Citation: 2025 LiveLaw (MP) 35

The Indore Bench of Madhya Pradesh High Court has held that Tehsildar cannot relegate a person to Civil Court to seek declaration that he is the legal representative of the deceased property owner, to get his name mutated.

Madhya Pradesh High Court Directs Rape Accused To Handover All Electronic Gadgets, Password Of Social Media Accounts For Investigation

Case Title: Tej Narayan Sharma Versus The State Of Madhya Pradesh

Citation: 2025 LiveLaw (MP) 36

While granting anticipatory bail to a rape accused, the Madhya Pradesh High Court directed him to handover all his electronic gadgets along with the password of his all social media platforms to the investigating agency. The court also directed the applicant to submit all documents and intimate pictures of the victim to the investigating agency and the victim.

Burden Of Cases Over Courts Can't Be Ignored: MP High Court Imposes ₹50K Cost On Nursing College For Filing Frivolous Petition

Case Title: K.L. Sharma College Of Nursing Sehore Versus The State Of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 37

While dismissing a review petition filed by a Nursing College seeking grant of recognition, the Madhya Pradesh High Court imposed a cost of Rs. 50,000 on the petitioner-college for wasting court's time by filing frivolous petitions and applications.

The court also remarked that the petition has been drafted very carelessly and without any sensible approach.

Wife In Love With Someone Else Without Any Physical Relations Is Not Adultery: Madhya Pradesh High Court

Case Title: Amit Kumar Khodake v. Smt. Madhuri @ Anjali

Citation: 2025 LiveLaw (MP) 38

The Madhya Pradesh High Court has held that merely because the wife is in love with someone else is not enough to prove adultery on her part to deny her maintenance. The Court categorically held that for sexual intercourse is necessary for adultery.

Madhya Pradesh High Court Rebukes Sub Divisional Officer Over Handwritten, Illegible Orders Passed In Election Petition

Case Title: Sanjay Maliwal vs. Kavita Thakur and Ors.

Citation: 2025 LiveLaw (MP) 39

In a petition challenging concerned Sub-divisional Officer's order which closed the litigant's right to produce witnesses in an election case, the Indore bench of the Madhya Pradesh High said that the SDO had taken the judicial proceedings in a "casual manner" after noting that the officer's handwritten order sheets were "absolutely illegible".

The court thus directed the SDO not to treat judicial proceedings conducted by him casually in future and ensure that order sheets are legible.

Madhya Pradesh High Court Lays Down SOP For Termination Of Pregnancy Upto & Beyond 24 Weeks In Sexual Assault Cases

Case Title: In Reference (Suo Motu) Versus The State of Madhya Pradesh And Others

Citation: 2025 LiveLaw (MP) 40

The Jabalpur bench of the Madhya Pradesh High Court, in a suo motu reference petition, laid down standard procedures for termination of pregnancies up to 24 weeks and for pregnancies exceeding 24 weeks in cases concerning rape and sexual assault.

The court took up the matter in view of divergent decisions passed by the single judge benches at Indore concerning termination of pregnancies under the Medical Termination of Pregnancy Act. The court also directed that the privacy of the victim should be maintained strictly in view of statutory provisions of Section 5A of the Medical Termination of Pregnancy Act 1971.

Madhya Pradesh High Court Imposes 25K Cost On State Over 'Cryptic' Externment Order

Case Title: Bhura Kaurav Versus The State Of Madhya Pradesh And Ors

Citation: 2025 LiveLaw (MP) 41

While quashing a 'cryptic' externment order passed by District Magistrate, the Madhya Pradesh High Court has directed the State to pay a cost of Rs 25,000 to the petitioner who was externed from the district of Chhindwara and neighbouring districts for a period of three months.

The court termed the impugned order as cryptic and that it has been passed in an arbitrary and illegal manner as the District Magistrate did not consider the fact that till date there was no conviction against the petitioner.

Other Developments:

High Court Is A 'Superior Custodian' Than CWC: Madhya Pradesh HC Directs State To Produce Children Allegedly Rescued From Their Parents

While hearing a Habeas Corpus petition filed by 10 parents for production of their minor children in custody of Child Welfare Committee, the Madhya Pradesh High Court on Thursday said that the high court is the superior custodian than the Child Welfare Committee and it will decide whether children need to be rescued and kept in a childcare institution.

During the hearing when counsel told the court that the children had been rescued, the high court orally said that it shall speak to the children and ask if they needed to be rescued. It further said that the Constitution is supreme and the high court's power under Article 226 is "far superior to the power of CWC or the powers under the JJ Act.”

'Illegality' In Recognizing Colleges: Madhya Pradesh HC Warns Of CBI Enquiry If State/Nursing Council Doesn't Produce Missing CCTV, Files

While hearing a PIL claiming irregularities in granting recognition to nursing colleges, the Madhya Pradesh High Court warned of transferring the enquiry to CBI if the State authorities fail to produce missing CCTV footage and the files on enrolment of students in colleges, when allegedly no permission for admission in the nursing course was granted for 2022-23 session.

Madhya Pradesh High Court Orders Trial Runs To Dispose Of Union Carbide's Toxic Waste Material At Pithampur

The Madhya Pradesh High Court on Tuesday (February 18) directed the State to conduct the first trial run to dispose of 10 metric tonne of Union Carbide's waste material, at Pithampur facility on February 27 by taking all protocols into consideration. The court has said that for the trial run, 30 metric ton of waste will be disposed in three lots of 10 metric tonne each.

Madhya Pradesh High Court Grants Interim Age Relaxation To EWS Candidates Filling 2025 UPSC CSE Form

In a plea on age limit relaxation for EWS category in UPSC Civil Services Examination (CSE) 2025, the Jabalpur bench of the Madhya Pradesh High court in an interim order permitted EWS candidates to fill the form and directed the UPSC to extend the age relaxation benefit to them, in view of the fact that the form submission window was closing on February 18.

The petitioner sought to quash an office memorandum of the Department of Personnel & Training order dated October 21, 2019, FAQs dated September 19, 2022 and Civil Services Examination notification of February 14, 2024 on the ground that no age relaxation on the ground that no age relaxation is being provided to the candidates belonging to EWS category. It was contended that such relaxation has been provided to other reserved categories such as scheduled castes, scheduled tribes, other backward classes and women.

'Illegality' In Recognizing Colleges: Madhya Pradesh HC Slams Director CFSL's Casual Response On Missing CCTV/Files Of State Nursing Council

In a PIL claiming irregularities in granting recognition to nursing colleges, the Jabalpur bench of the Madhya Pradesh High Court expressed its displeasure with the "lethargic and casual response" by Director, Central Forensic Science Laboratory with respect to non-production of a report on missing CCTV footage and the files on enrolment of students in colleges.

The court further said the approach of the authority was "highly despicable", adding that if a report is not submitted the Director CFSL will be personally present to explain the lethargy.

Unregulated Chemicals In Diagnostics: High Court Orders Centre, State To Submit List Of NABL Accredited Path Labs Within Madhya Pradesh

While hearing a PIL concerning use of unregulated chemicals, re-agents, salts for medical diagnostics in pathological labs across the country, the Madhya Pradesh High Court has directed the Central and State authorities to provide list of pathological labs accredited to National Accreditation Board For Testing And Calibration Laboratories (NABL) within the State.

The court also asked the authorities to present a roadmap as to how they will ensure that every pathological lab running in Madhya Pradesh is accredited to NABL.