Habeas corpus is not maintainable for a missing person absent unlawful detention.

The petitioner sought a writ of habeas corpus to secure his father, Murugesan, whose whereabouts were unknown.

The petitioner alleged that he had complained to the police, but no effective steps had been taken to trace his father.

The police submitted that an earlier “Man Missing” case had been closed after Murugesan appeared during the enquiry, that a non-bailable warrant was pending against him in connection with maintenance, and that efforts to trace him were continuing.

The Court found that the petition concerned a missing person, with no allegation establishing unlawful detention.

Whether a habeas corpus petition is maintainable where the person is missing but no unlawful detention is shown.

Whether the police should be directed to continue efforts to trace the missing person and inform the petitioner of the outcome.

Unlawful detention is a sine qua non for issuance of a writ of habeas corpus; a petition concerning a person who is merely missing, without an allegation or indication of unlawful detention, is not maintainable.

The Court relied on the Division Bench decision in H.C.P.(MD) Nos. 793 and 658 of 2025, which referred to Simmi Bai v. Shrimaan Police Mahanirishak Mahodaya (2025 SCC OnLine MP 893), Kalaiarasi v. State (order dated 7 May 2018 in H.C.P. No. 2191 of 2017), and K. Sukumari v. The Superintendent of Police (order dated 18 September 2018 in Crl.O.P.(MD) No. 19255 of 2016).

The petitioner’s account and the police’s submissions disclosed that Murugesan’s whereabouts were unknown, but did not establish that he was being unlawfully detained.

Because unlawful detention is necessary for habeas corpus relief, the Court held that the petition was not maintainable.

Nevertheless, given that the police investigation remained ongoing, it directed the police to continue the tracing efforts in accordance with K. Sukumari.

It directed the Investigating Officer to continue the investigation and take all necessary steps to trace Murugesan, and to inform the petitioner forthwith if Murugesan was secured or his whereabouts identified.