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2026 Supreme(Online)(Mad) 41729
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Sellam – Appellant
Versus
Superintendent of Police – Respondent
H.C.P.NO.943 of 2026
For the Appellants/Petitioners: A.Saranraj
For the Respondents: R.Muniyapparaj
The court exercises its jurisdiction under Article 226 to mandate that law enforcement agencies conduct an efficient investigation to locate missing persons when a complaint has been registered.
Headnote:The petitioner filed a writ of Habeas Corpus under Art. 226 of the Constitution of India seeking the production of her husband, who was reported missing. The court noted that a police case had already been registered and remained under investigation. The main issue was whether a Writ of Habeas Corpus was sustainable and what directions were required to expedite the search. The court reasoned that in cases involving missing persons where an investigation is ongoing, the appropriate remedy is for the court to direct law enforcement to diligently pursue all necessary investigative steps. The petition was disposed of with a direction to the police authorities to take all possible steps to locate the missing individual.
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| 1. issuance of directions for police investigation in missing person cases. (Para 1 , 2 , 3) |
(Order of the Court was made by G.R.SWAMINATHAN, J.)
Heard both sides.
2. The writ petitioner’s husband, Sembaiya, aged about 66 years was missing since 11.03.2026. Based on the petitioner’s complaint, the second respondent has registered a case in Crime No.90 of 2026. Since the petitioner’s husband remains untraced, the present Habeas Corpus Petition came to be filed.
3. We direct the first respondent to issue suitable instructions to the second respondent to take all possible steps to secure the missing individual.
With the above direction, the Habeas Corpus Petition stands disposed of.
