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2026 Supreme(Online)(Mad) 5021

MADURAI BENCH OF MADRAS HIGH COURT
G.K. Ilanthiraiyan, R. Poornima, JJ
Subbaiah – Appellant
Versus
The State of Tamil Nadu – Respondent
H.C.P.(MD)No.117 of 2026



Advocates:
For the Appellants/Petitioners: S. Sankar
For the Respondents: R. M. Anbunithi

A Habeas Corpus petition is dismissed when the person sought to be produced has already been recovered and restored to the custody of the legal guardian.

Headnote:The petition was filed under Article 226 of the Constitution of India seeking a Writ of Habeas Corpus for the production of a 13-year-old girl. The petitioner alleged the girl went missing on 29.01.2026, leading to the registration of a 'Girl Missing' FIR (Crime No. 26 of 2026). The court found that the victim had been secured by the police and handed over to the petitioner's family. The primary issue was whether the detenue remained in illegal custody. Since the victim girl had already been recovered and handed over to the petitioner's wife, the court reasoned that the purpose of the Habeas Corpus petition was fulfilled. the Habeus Corpus Petition stands dismissed.

Table of Content
1. recovery of the missing minor renders the habeas corpus petition infructuous. (Para 1 , 2 , 3 , 4)
2. dismissal of petition upon recovery with directions for investigation. (Para 5)

PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, directing the respondents 1 and 2 to produce the body or person of the petitioner's daughter, the detenue namely Dhanalakshmi, S/o.Subbaiah, aged about 13 years before this Court and hand over custody to the petitioner.

O R D E R

(Order of the Court was made by G.K.ILANTHIRAIYAN, J.)

This Habeus Corpus Petition has been filed to direct the respondents 1 and 2 to produce the body or person of the petitioner's daughter, the detenue namely Dhanalakshmi, S/o.Subbaiah, aged about 13 years before this Court and hand over custody to the petitioner.

2. The petitioner is the father of the detenue by name Dhanalakshmi aged about 13 years. She was missing from the house from 29.01.2026, therefore he lodged complaint before the second respondent . On receipt of the said complaint the second respondent registered First Information Report in Crime No.26 of 2026 under 'Girl Missing'. During investigation the victim girl was found at the hands of the accused and she was secured and handed over to the petitioner herein. Now the First Information Report has been altered into offences under the POCSO Act.

3. Today the victim girl is going to be subjected for medical examination and as such the second respondent was not able to produce the victim girl before this Court.

4. It is also informed by the learned counsel appearing for the petitioner that the victim girl was handed over to the wife of the petitioner herein.

5. Recording the same, the Habeus Corpus Petition stands dismissed. However the second respondent is directed to complete the investigation and file final report as expeditiously as possible

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