A Writ of Habeas Corpus is not maintainable for a missing person case unless there is a clear allegation and evidence of unlawful or illegal detention, as unlawful deprivation of liberty is the essential requirement for such a 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 person/body of the petitioner's husband, namely Sakthi, aged about 35 years, S/o. Chandran, the detenue herein, before this Hon'ble Court and set him at liberty.

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

3. When the matter was taken up for hearing, Mr. T.Lenin Kumar, learned counsel appearing for the State of Tamil Nadu, submitted that, based on a complaint given by the petitioner, a case in Crime No.95 of 2025 had been registered. During the course of inquiry, it came to light that the detenu/alleged missing person had borrowed money from several persons and in order to evade repayment, he is hiding himself after giving the complaint.

4. 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.

5. The Division Bench of this Court in H.C.P.(MD) Nos.793 and 658 of 2025 has relied 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)

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

6. 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 person in the present case. Accordingly, the investigating officer shall continue the investigation and take all necessary steps to trace the missing persons.