Madhya Pradesh High Court Stays Trial Over Flawed Probe in Child Death Case, Summons SP Jabalpur for Personal Appearance

By Shivam Y. • October 13, 2025

MP High Court stays child death trial, slams police for flawed investigation; directs SP Jabalpur to appear personally before bench on November 14. - Sourabh Agarwal vs. The State of Madhya Pradesh & Others

The Madhya Pradesh High Court at Jabalpur on Thursday came down heavily on the local police for conducting what it termed as an "unheard and impermissible" investigation in a case involving the death of a three-year-old child.

The division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf was hearing an appeal filed by Sourabh Agarwal against the State. During the proceedings, the court examined the case diary presented by the Investigating Officer and noted that the police had recorded statements of the complainant, his wife, and other eyewitnesses under Section 161 of the Criminal Procedure Code.

However, the bench found that instead of clarifying facts, the officer had posed questions "to discredit the witnesses and test their veracity." The judges observed,

"This kind of conduct and investigation is unheard of and impermissible in law."

Taking serious note of the lapses, the bench directed the Superintendent of Police, Jabalpur, to appear personally before the court on the next hearing scheduled for November 14, 2025. Until then, the trial proceedings have been stayed.

The court remarked that prima facie, the investigation was not done "in a manner known to criminal procedure law."

Case Title: Sourabh Agarwal vs. The State of Madhya Pradesh & Others

Case Title:- Writ Appeal No. 2426 of 2025

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