Khushbu Tiwari vs State Of Madhya Pradesh And Others

Vishal Mishra, J

The present petition under Article 226 of Constitution of India has been filed seeking following reliefs:-

7.1 Issue a Writ of mandamus directing the Respondents to conduct the Medical of the Petitioner’s husband Shri Satendra Kant Tiwari S/o Shri Laxmi Kant Tiwari from the board of medical with full videography and supply a copy to the Petitioner.

7.2 Any other relief as Hon’ble High Court deem fit.

It is the case of the petitioner that her husband is running a dairy business. On 14/12/2025, he has gone to deliver the milk and food to a liquor shop located in Dhanpuri. At the relevant time, some Policemen came to liquor shop and took away his bike keys and beaten him and took him to the Police Station in their police vehicle. They beat him severely and named him in a pending case of Section 34(2) of Excise Act. He was informed that they were required to complete the investigation and file a challan. Therefore, he has been taken into custody. The entire incident was recorded in the CCTV footage. Petitioner's husband was forced to sign the papers and when he refused to sign, then he was badly beaten by the Policemen. He sustained injuries on his knees and also had injuries all over his body including head and threatening was given by the Police Authorities to face dire consequences in case the incident is narrated to anyone. Petitioner has made complaint to the several Police Authorities but of no consequences. Petitioner has also filed certain photographs in support of her case. Therefore, this petition has been filed.

3 . After going through the pleadings, it is seen that the petitioner's husband was presented before the Judicial Magistrate First Class Anuppur, District Anuppur. The order sheet dated 13/12/2025 of the JMFC indicates that the petitioner's husband was presented before 24 hours of his arrest before the JMFC. He was also asked by the JMFC regarding injuries sustained by him. He has categorically stated as under:-

From perusal of the statement made before the JMFC, it is clear that initially petitioner's husband made a statement that no ill-treatment was given to him. After rejection of the bail application by the Magistrate on the same day, he filed an application pointing out that on false and frivolous allegations he has been taken into custody and on 14/12/2025, he was badly beaten by the police Authorities resulting into injuries. He had requested for his medical examination. The Magistrate has observed that his medical examination was already carried out prior to producing him before the Court.

The medical report is annexed with the case diary, which shows that on 15/12/2025 at 01:00 a.m. and on 02:45 p.m., he was medically examined and thereafter, he was produced before the Court around 03:15 p.m. Therefore, there is no requirement of sending him again for medical examination.

As petitioner's husband himself has made a statement initially before the JMFC that no such ill-treatment was given to him by the Police Authorities and he was not beaten by the Police Authorities, therefore, no mandamus can be issued directing the Authorities to carry out re-medical examination of the petitioner's husband.

6 . Under these circumstances, no relief can be extended to the petitioner.

The petition sans merits and is, accordingly, dismissed.