Back
Next 
2026 Supreme(Online)(Mad) 43675
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, V.Lakshminarayanan, JJ
Sudha – Appellant
Versus
Commissioner of Police – Respondent
H.C.P.No.1000 of 2026
Advocates:
For the Appellants/Petitioners: A.Arunkumar
For the Respondents: C.R.Malarvannan
For the Appellants/Petitioners: A.Arunkumar
For the Respondents: C.R.Malarvannan
A Habeas Corpus petition seeking the production of a missing person is typically disposed of by directing the relevant police authorities to expedite the ongoing investigation registered under an FIR, rather than issuing a writ, provided a criminal process is already instituted.
Headnote:The matter concerns a Habeas Corpus petition filed under Art.226 of the Constitution of India seeking to produce a missing person. It was noted that the relevant police authorities had already registered a crime regarding the missing individual. The court addressed the procedural remedy for missing person cases, emphasizing the obligation of law enforcement to trace individuals. The court's ratio decidendi rests on the principle that judicial intervention under Habeas Corpus is limited when a criminal investigation is already active and the petitioner can pursue remedies with the designated police officials. The petition is disposed of with a direction to the police authorities to expedite the tracing of the missing person.
| Table of Content |
|---|
| 1. court oversight in investigation of missing persons through habeas corpus petitions. (Para 1 , 2) |
(Order of the Court was made by G.R.SWAMINATHAN, J.)
Heard both sides.
2. The petitioner’s husband is said to be missing since March 2026. In this regard, Crime No.126 of 2026 has been registered by the second respondent. It is for the petitioner to pursue her remedy with the second respondent. We also direct the first respondent to issue appropriate instructions to the second respondent, so that the missing individual can be traced expeditiously.
3. The Habeas Corpus Petition stands disposed with the aforesaid direction.
