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Judgment
[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.]
Alleging that his wife aged about 31 years is missing from 29.07.2026 and despite registration of a case in Crime No.425 of 2026, under the caption “woman missing”, the respondent – police have not taken any effective steps to trace his wife, the petitioner has come to this Court by filing the present habeas corpus petition.
Today, when the matter was taken up for hearing, Mr.D.Venkatesh, learned counsel for State of Tamil Nadu (Criminal Side) appearing for the respondents 1 & 2, on instructions, submitted that based on the complaint given by the petitioner, a case in Crime No.425 of 2026 has been registered by the respondent – police under the caption “woman missing”. He would further submit, during investigation, it has come to light that the alleged missing person, on her own volition, has gone along with the third respondent, with whom she had developed friendship and therefore, the custody of the alleged missing person cannot be stated to be an illegal detention, thereby, this habeas corpus petition is not maintainable.
Heard learned counsel for the petitioner and the learned counsel for the State of Tamil Nadu (Criminal Side) appearing for the respondents 1 & 2.
From the facts of the case on hand, this Court finds that this habeas corpus petition is in respect of a person, who is simply missing and not under any unlawful detention. Unlawful detention is a sine qua non for the issuance of a writ of habeas corpus.
The Division Bench of this Court in H.C.P.(MD) Nos.793 and 658 of 2025 has relied on the following orders:
Simmi Bai vs. Shrimaan Police Mahanirishak Mahodaya and others, reported in 2025 SCC OnLine MP 893;
Order dated 07.05.2018 in H.C.P.No.2191 of
2017, in Kalaiarasi vs. State; and
Order dated 18.09.2018, in Crl.O.P.(MD) No. 19255 of 2016, in K.Sukumari vs. The Superintendent of Police, and held that a habeas corpus petition in respect of a missing person, whose detention is not stated to be unlawful / illegal, is not maintainable.
In view of the above, this habeas corpus petition stands closed with a direction to respondent - Police to effectively pursue the investigation for tracing the missing person in the present case. Accordingly, the Investigating Officer shall continue the investigation in accordance with the directions issued the Order dated 18.09.2018, in Crl.O.P.(MD) No.19255 of 2016, in K.Sukumari vs. The Superintendent of Police and take all necessary steps to trace the missing person and as and when the missing person is secured or her whereabouts is identified, the same shall be intimated to the petitioner forthwith.