SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 37563

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, K.K. Ramakrishnan, JJ
Selvaraj @ Selvarasu – Appellant
Versus
Superintendent of Police, Pudukkottai District – Respondent
H.C.P.(MD)No.562 of 2026



Advocates:
For Petitioner: Mr.B.Mahendrarajan
For Respondents: Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

In habeas corpus for adult missing person claimed married and pregnant, direct production before Magistrate for voluntary statement verification.

Headnote:Under Article 226 of the Constitution of India, a writ of Habeas Corpus was sought to produce the missing daughter of the petitioner who disappeared from her college. The facts reveal the detenue, aged about 19-20 years, sent a message not to search for her, leading to a police complaint. The court noted the prosecution's submission that she had married and was pregnant, living voluntarily with her husband. Issues framed involved verifying the detenue's voluntary status and whereabouts. The court directed production before the Judicial Magistrate for statement recording, emphasizing legal verification over immediate release. The petition was disposed of with directions to proceed in accordance with law.

Table of Content
1. habeas corpus petition for daughter's production heard. (Para 1 , 2)
2. detenue married voluntarily and pregnant. (Para 3 , 4)
3. direct production before magistrate for inquiry. (Para 5)

(Order of the Court was made by N. ANAND VENKATESH,J.)

This petition has been filed for the issue of writ of Habeas Corpus directing the respondents to produce the body or person of the petitioner's daughter and to set her at liberty.

2. Heard the learned counsel on either side.

3. The case of the petitioner is that his daughter was studying at Cheran Institute of Health Science / College of Physiotherapy at Coimbatore. All of a sudden, from 13.04.2026, the whereabouts of the petitioner's daughter were not able to be ascertained. A message was received from the mobile phone of her daughter to the effect that “don't search for me”. Thereafter, the petitioner was not able to get in touch with his daughter. A complaint came to be given before the second respondent on 13.04.2026. Since no effective steps were taken to find the whereabouts of the detenue, the present Habeas Corpus Petition has been filed.

4. The learned Additional Public Prosecutor submitted that the detenue, who is aged about 19 years, got married to one Krishnakumar on 16.04.2026 and presently, the detenue is also pregnant. He submitted that the detenue is living with the said Krishnakumar.

5. Taking into consideration the facts and circumstances of the case and considering the submissions made by the learned Additional Public Prosecutor, there shall be a direction to the second respondent to produce the detenue before the learned Judicial Magistrate, Alangulam. On the date of such production, the petitioner shall be put on notice. The learned Judicial Magistrate shall record the statement of the detenue and proceed further in accordance with law.

6. This Habeas Corpus Petition is disposed of in the above terms.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top