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2026 Supreme(Online)(Mad) 47773
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Anand Venkatesh, K.K. Ramakrishnan, JJ
Sudha – Appellant
Versus
State of Tamilnadu – Respondent
H.C.P.(MD)No.700 of 2026
For the Appellants/Petitioners: B. Deepa
For the Respondents: D. Venkatesh
In cases of missing persons, the police are mandated to register a 'man missing' FIR and conduct an investigation in accordance with established judicial guidelines to track the whereabouts of the individual.
Headnote:The petitioner filed a Habeas Corpus Petition under Art. 226 of the Constitution of India seeking the production of her missing spouse. The facts indicate that the individual went missing in 2020, and despite a complaint lodged, no progress was made by the authorities. The Court observed the necessity for proper investigation procedures in 'man-missing' cases. The main issue is the failure of the police to investigate the whereabouts of a missing person. Based on established guidelines, the Court determined that the grievance justified a fresh investigation. Relying on judicial precedents regarding 'man-missing' investigations, the ratio decidendi emphasizes the obligation of the police to register an FIR and conduct a proper investigation into such complaints. The Court disposed of the petition with a direction to file a fresh complaint and mandated the registration of a 'man missing' FIR and subsequent investigation.
| Table of Content |
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| 1. petitioner seeks judicial intervention for a missing person spouse due to police inaction. (Para 1 , 2 , 3) |
| 2. court mandates fresh complaint and compulsory fir registration for missing person investigations. (Para 4) |
(Order of the Court was made by N. ANAND VENKATESH,J.)
This Habeas Corpus Petition has been filed for a direction to the respondents to produce the body or person of the petitioner's husband and to set him at liberty.
2. Heard the learned counsel on either side.
3. The grievance of the petitioner is that her husband went missing in the year 2020 and in spite of best efforts, his whereabouts were not able to be ascertained. Therefore, a complaint was given to the respondents on 07.09.2020. Since no steps were taken to find the whereabouts of the petitioner's husband, the present writ petition has been filed before this Court.
4. Taking into consideration the facts and circumstances of the case and the nature of grievance that has been expressed by the petitioner, there shall be a direction to the petitioner to give a fresh complaint to the second respondent. On receipt of the same, a man missing FIR shall be registered and the second respondent shall proceed further with the investigation in accordance with law, in line with the guidelines given by this Court in the case of K. Sukumari Vs. The Superintendent of Police, Virudhunagar District, Virudhunagar reported in 2018(2) -L.W. (Crl) -636.
5. This Habeas Corpus Petition is disposed of in the above terms.
