A writ of habeas corpus is not maintainable in cases where a person is simply missing, as unlawful or illegal detention is an essential prerequisite for invoking such a prerogative writ.

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.

This Habeas Corpus Petition has been filed seeking a direction to the respondents therein to produce the body/person of the petitioner's wife, namely Senthamilselvi, W/o. Sanjeeviraj, aged about 24 years, and the petitioner's daughter, namely Saara, D/o. Sanjeeviraj, aged about 11 months, before this Hon'ble Court and set them at liberty.

2. Heard the learned counsel appearing for the petitioner and the learned Counsel appearing for the State.

3. From the facts this Court finds that this Habeas Corpus Petition is in respect of person who is simply missing and not under unlawful detention. Unlawful detention is sine qua non for issuance of Writ of Habeas Corpus.

4. The Division Bench of this Court in H.C.P.(MD) Nos.793 and 658 of 2025 has relied on the following orders:

a) Simmi Bai .vs. Shrimaan Police Mahanirishak Mahodaya and others (2025 SCC OnLine MP 893)

b) H.C.P.No.2191 of 2017 (Kalaiarasi vs. State) dated 7.5.2018 c) K.Sukumari vs. The Superintendent of Police (Crl.O.P.(MD) No.

19255 of 2016 dated 18.9.2018)

and has held that Habeas Corpus Petition in respect of missing person whose detention is not stated to be unlawful/illegal is not maintainable.

4. In view of the above, this Habeas Corpus Petition stands disposed of with a direction to respondents 1 and 2 to effectively pursue the investigation for tracing the missing persons in the present case. Accordingly, the investigating officer shall continue the investigation and take all necessary steps to trace the missing persons.