2002 Supreme(SC) 2142

SUPREME COURT OF INDIA
B.N. Kirpal, Arijit Pasayat, JJ.
Girish - Appellant
Versus
Radhamony K. - Respondent
Criminal Appeal No. 224 of 2002, arising out of SLP (Crl.) No. 7174 of 2001
Decided On : 11-02-2002

In a habeas corpus petition, the court's jurisdiction is limited to finding and producing the missing person, and once the missing person appears and states she went of her own free will, the court has no further jurisdiction to pass orders.

Headnote:

Habeas Corpus - Jurisdiction - Summary: The court held that in a habeas corpus petition, the only requirement is to find and produce the missing person. Once the missing person appears and states that she went of her own free will, the court has no further jurisdiction to pass orders in exercise of its writ jurisdiction under Article 226 of the Constitution.

Fact of the Case:

Respondent filed a habeas corpus petition alleging kidnapping of her minor daughter. The daughter appeared in court and stated she was a major, married the appellant, and was living with him. The High Court, instead of dismissing the petition, directed registration of a case for alleged offences under the Penal Code.

Finding of the Court:

The court found that the High Court had no jurisdiction to give the direction for registration of a case in a habeas corpus petition, as the missing person appeared and stated she had gone of her own free will.

Issues: Jurisdiction of the High Court in a habeas corpus petition.

Ratio Decidendi: In a habeas corpus petition, once the missing person appears and states she went of her own free will, the court has no further jurisdiction to pass orders under Article 226 of the Constitution.

Final Decision: The appeal was allowed and the impugned judgment of the High Court was set aside.