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2025 Supreme(Online)(Mad) 64363
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN, JJ
V.Settu – Appellant
Versus
State by The Superintendent of Police Krishnagiri District, Krishnagiri – Respondent
H.C.P.No.1707 of 2025
For the Appellants/Petitioners: Mr.C.Prakasam
For the Respondents: Mr.A.Damodaran, Ms.M.Arifa Thasneem
The court emphasizes the legitimacy of ongoing investigations in habeas corpus cases regarding missing persons.
Headnote:The petitioner filed a habeas corpus petition under Article 226 seeking the production of his wife and child after they went missing. The respondents assert the wife eloped with a third party. The court observed that the investigation's direction is correct and requires the police to continue efforts to trace the missing individuals. The petition is thus closed.
| Table of Content |
|---|
| 1. petition filed for production of missing individuals. (Para 2) |
| 2. wife eloped; police unable to trace. (Para 3) |
| 3. investigation direction affirmed. (Para 4) |
For Petitioner : Mr.C.Prakasam For Respondents : Mr.A.Damodaran Additional Public Prosecutor Assisted by Ms.M.Arifa Thasneem R1 to R3 O R D E R (Order of the Court was made by N.SATHISH KUMAR, J.)
This petition has been filed seeking production of petitioner's wife and his one year old child before this Court.
2. According to the petitioner, his wife and the child went missing on
05.08.2025 and a case has also been registered in Crime No.355 of 2025 for “Woman Missing” under Section 173 BNSS Act.
3. The learned Additional Public Prosecutor, on instructions, submits that the petitioner's wife has eloped with the third respondent after selling his property for Rs.50 lakhs and thereafter, they are not using the mobile phone and hence, the respondents police are not able to trace them.
4. In view of the above submission of the learned Additional Public Prosecutor and the fact that the petitioner is also not disputing that the petitioner's wife has eloped with the third respondent, we are of the view that the investigation is on the right direction and the third respondent shall continue the investigation and secure the petitioner's wife and daughter. If the detenues are traced, they shall be produced before the concerned Magistrate.
5. With the above observation, this Habeas Corpus Petition is closed.
