High Court Clarifies Legal Procedure for Missing Persons Cases
The Madhya Pradesh High Court has ruled that cases of missing persons cannot be filed under habeas corpus petitions. Instead, such cases must be registered under the regular provisions of the Indian Penal Code (IPC) and investigated by the police as per the Code of Criminal Procedure (CrPC).
Court Emphasizes Proper Legal Channels
A division bench comprising Justice Sanjeev Sachdeva and Justice Vinay Saraf clarified that habeas corpus petitions apply only in cases of illegal detention. If there is no suspicion of unlawful confinement, constitutional courts should not entertain such petitions. The court reiterated that missing persons cases must be handled by the competent legal authorities through standard criminal procedures.
Case Background
The petition was filed by a mother seeking the whereabouts of her daughter and two minor grandchildren, who had gone missing from Pune, Maharashtra. She had reported the matter to the Jabalpur police, alleging wrongful confinement by two individuals from Village Kantora, Jabalpur. Dissatisfied with the investigation, she approached the High Court with a habeas corpus petition.
Police Investigation and Court Observations
Upon receiving the petition, the court issued notices and called for status reports. Initial police reports indicated that the missing woman and her children had visited Village Raiyakheda, where the petitioner resided. Further investigation revealed that the woman had voluntarily traveled to Village Karmeta with her children and was not under any illegal confinement.
Witness statements from family members confirmed that the woman had left of her own free will. A police search in Village Karmeta corroborated this fact, with locals verifying her presence there. She was last seen leaving on a motorcycle with a companion, accompanied by her children.
Court’s Final Decision
Based on the evidence and police reports, the court concluded that there was no case of wrongful confinement. The petitioner failed to establish that her daughter and grandchildren were being illegally detained. Since the woman had left voluntarily, the habeas corpus petition was deemed inappropriate.
The court dismissed the petition but directed the authorities to continue their search as per the missing person report filed by the petitioner. It reaffirmed that habeas corpus petitions are not applicable for tracing missing persons unless illegal detention is suspected.
This ruling serves as a legal precedent, clarifying that missing persons cases should be addressed through regular criminal investigations rather than constitutional remedies.
