Karnataka High Court Imposes ₹2 Lakh Cost On 72-Yr-Old Woman For Filing 'Frivolous' Habeas Corpus Plea
Mustafa Plumber
8 Sept 2025 2:12 PM IST
The Karnataka High Court has imposed a cost of Rs 2 lakh on a 72-year-old woman for filing a habeas corpus petition with an ulterior motive to take revenge against the police, after being dissatisfied with the probe conducted by the police on a complaint given by her.
A division bench of Justice Anu Sivaraman and Justice Rajesh Rai K while dismissing the petition filed by Maheshwari M said “We are of the view that in order to curb frivolous and malicious invocation of habeas corpus to protect the judicial process, it is necessary to impose punitive costs on such litigants. In that view of the matter, we dismiss this petition by imposing costs of Rs.2,00,000 on the petitioner who has approached this Court with unclean hands by suppression of facts.”
It added “Out of the costs, Rs.1,00,000/- shall be paid to the Karnataka Legal Services Authority and the remaining amount of Rs.1,00,000/- shall be paid to the Karnataka Police Benevolent Fund by the petitioner within a period of two weeks' from the date of receipt of a certified copy of this order.”
The petitioner contended that her son Kriplani M, (detenue) was missing from 07.07.2025. Since she was unable to trace him, she filed a writ petition (habeas corpus) No.71/2025 and later withdrew the same stating that "certain erroneous statements have been made".
Subsequently, she approached the Director General and Inspector General Police, Bengaluru by filing a complaint dated 29.07.2025 to trace her son. Thereafter, she preferred the present petition.
The Police claimed that the Petitioner was in constant touch with her son and the Habeas Corpus plea was filed with a sole intention to harass the jurisdictional police.
The agency further claimed that it made hectic attempts to trace the detenue who was staying at a hotel and when asked to appear before the Court, the detenue abused its officers.
The bench on going through the record and the police report said, “On perusal of these materials, we are of the view that the petitioner has filed this habeas corpus petition with an ulterior motive by misusing the liberty granted under the Constitution of India. The filing of this kind of litigation should not be encouraged by this court and the same should be deprecated.”
Dismissing the petition the court said “On failure to deposit the amount by the petitioner as aforesaid, the Registry shall take further steps to initiate contempt against the petitioner.”
Appearance: Advocate Rajesh Gowda for Petitioner.
Advocate Felix for Advocate S. Vijay. SPP II---Vijaykumar Majage a/w HCGP Thejesh P for Respondents.
Citation No: 2025 LiveLaw (Kar) 299
Case Title: Mrs Maheshwari M AND State of Karnataka & Others
Case No: WPHC NO. 81 OF 2025