Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 41727

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Jothi – Appellant
Versus
State – Respondent
H.C.P.No.873 of 2026

Advocates:
For the Appellants/Petitioners: E.Kannadasan
For the Respondents: R.Muniyapparaj

A Habeas Corpus petition seeking the recovery of a missing person is rendered infructuous and liable to be closed when the corpus has already been secured and restored to the petitioner's custody.

Headnote:The present petition was filed under Article 226 of the Constitution of India seeking a writ of Habeas Corpus for the production of the petitioner's minor daughter, who was allegedly in the illegal custody of the third respondent. Upon the matter being taken up for hearing, it was reported to the Court that the minor had been secured and restored to the custody of the petitioner. The central issue was the determination of whether the minor daughter was in unlawful custody and required the Court's intervention for her production. The Court observed that because the minor had already been recovered and returned to her parent, the underlying purpose of the petition had been fulfilled. The Habeas Corpus Petition is closed as infructuous.

Table of Content
1. recovery of the subject matter renders the writ petition infructuous. (Para 1 , 2 , 3)

(Order of the Court was made by G.R.SWAMINATHAN, J.)

The petitioner is the mother of the detenue. The detenue appeared to have eloped with the third respondent. Hence, the Habeas Corpus Petition came to be filed.

2. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor, on instructions, submitted that the girl has since been secured and handed over to the writ petitioner.

3. Hence, nothing survives for adjudication in this petition. Accordingly, the Habeas Corpus Petition is closed as infructuous.

Click Here to Read the rest of this document

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

Scan Me!

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

For Daily Legal Updates, Join us on :

2026 Supreme(Online)(Mad) 41727

IN THE HIGH COURT OF JUDICATURE AT MADRASG.R.Swaminathan, V.Lakshminarayanan, JJJothi – AppellantVersusState – RespondentH.C.P.No.873 of 2026

A Habeas Corpus petition seeking the recovery of a missing person is rendered infructuous and liable to be closed when the corpus has already been secured and restored to the petitioner's custody.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Jothi – Appellant
Versus
State – Respondent
H.C.P.No.873 of 2026