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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI st ON THE 1 OF SEPTEMBER, 2026 WRIT PETITION No. 18696 of 2026 LBD Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Santosh Anand - Advocate for the petitioner.

Smt. Priyanka Mishra- Government Advocate for the respondents/

State.

ORDER By this petition under Article 226 of the Constitution of India, the petitioner seeks a direction for fair and proper investigation into Merg/Inquest Intimation No.06/2025 dated 13.07.2025, Police Station Kotwali, District Burhanpur, concerning the death of her son, and for appropriate action upon her representations submitted before the superior police authorities.

2. The petitioner, aged about 66 years, is the mother of deceased.

According to the petition, died in the intervening night of 12.07.2025 and 13.07.2025 in Room No.103 of Hotel Mid Town, Gujarati Market, Burhanpur. On information furnished by the hotel manager, Merg/Inquest Intimation No.06/2025 was registered at Police Station Kotwali, Burhanpur. The post-mortem examination was conducted on 13.07.2025 and, as per the report filed as Annexure-P/3, the cause of death was asphyxia as a result of hanging.

3. The petitioner alleges that before death, the deceased uploaded a video on his Facebook account in which he named RI, stated to be his wife, PCI, stated to be her father, and JI and SI , stated to be her relatives, and attributed responsibility to them for the circumstances leading to his death. The petitioner states that she thereafter repeatedly approached the police authorities. Representations were submitted before the Superintendent of Police, Burhanpur on 12.08.2025, the Chief Minister on 11.09.2025 and the Inspector General of Police, Khargone on

23.10.2025. Copies are collectively filed as Annexure-P/4. 4. It is further stated that, brother of the deceased, sought information regarding the investigation under the Right to Information Act and, vide reply dated 29.03.2026, Police Station Kotwali informed him that the investigation was still under process. The said reply is Annexure-P/5. The petitioner alleges that despite repeated approaches, no effective investigation has been conducted and that the matter has been treated merely as a matrimonial dispute. It is also alleged that there are allegations against a police Sub-Inspector, giving rise to apprehension of an unfair investigation.

5. Learned counsel for the petitioner submits that the alleged video made by the deceased immediately before his death is important material which requires proper investigation. The police could not have closed the matter merely by recording the death as suicide. It is submitted that the authenticity of the video, its contents, the conduct of the persons named therein and the circumstances preceding the death ought to have been examined. It is therefore prayed that a fair and impartial investigation be directed.

6. Learned Government Advocate opposes the petition and submits that the Merg inquiry is already under investigation and no conclusion regarding commission of an offence can be drawn merely on the basis of the allegations made by the petitioner. It is further submitted that the petitioner has an efficacious statutory remedy before the competent Magistrate if she is aggrieved by the manner of investigation.

7. Heard the parties through their counsels and perused the material available on record.

8. In the present case, the death of the petitioner's son occurred on 13.07.2025 and a Merg/Inquest Intimation was registered. The petitioner has placed on record the post-mortem report as Annexure-P/3. More importantly, she has placed on record a transcript of an alleged video made by the deceased prior to his death, wherein certain persons have allegedly been named and allegations have been attributed to them. Whether the video is genuine, whether it was actually uploaded by the deceased, whether the transcript correc