← Library
Madras High CourtHCP/2428/2023closed

Usha v. The Commissioner Of Police

2026-01-07Honourable Mr Justice P. Velmurugan,Honourable Mr.Justice M.Jothiraman6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2026 CORAM :

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN H.C.P.No. 2428 of 2023 Usha W/o.Sathishkumar ... Petitioner Vs.

1.

The Commissioner of Police, Shozhinganallur, Chennai.

2.

The Inspector of Police, T-12, Selaiyur Police Station, Tambaram, Chennai - 600 123.

3.

The Commissioner of Police, Tambaram.

... Respondents [ R3 suo motu impleaded as per order of this Court dated 17.02.2025 in H.C.P.No.2428 of 2023.]

PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to direct the 2nd respondent to produce the petitioner's son Master Krishvanth, aged 13 years, before this Court and handover to the petitioner.

For Petitioner : Mr.R.Gokulakrishnan For Respondents : Mr.A.Damodaran Additional Public Prosecutor assisted by Mr.M.Karthikeyan

O R D E R

(Order of the Court was made by P.VELMURUGAN, J.) This Writ of Habeas Corpus Petition is filed seeking a direction to the second respondent-Police to produce the petitioner's son Master Krishvanth, aged 13 years, before this Court and handover to the petitioner.

2. Though a male child, aged about 13 years found missing from 08.08.2023, a case in Crime No.440 of 2023 was registered for "Boy Missing". This Court, on several occasions directed the respondentsPolice to trace and secure the missing child. Despite several efforts taken

by the respondents-Police, the child who is a juvenile, could not be traced. In view of the continued absence of progress and considering that the missing person is a juvenile, this Court by order dated 21.08.2025, directed that the investigation be transferred to the Anti-Human Trafficking Unit, as provided under Rule 92(5) of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016. Pursuant to the directions of this Court dated 21.08.2025, the investigation has been transferred to the Anti-Human Trafficking Unit, Chennai and the case was re-registered as CCB Crime No.213 of 2025. A Special Investigating Officer has also been appointed to carry out further investigation.

3. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents-Police filed a status report, detailing the various steps and efforts taken by the Special Investigation Team to trace the missing boy. He further submitted that the investigation team is continuously monitoring all the available leads to trace and secure the missing boy.

4. In view of the status report filed by the Police and the submissions made by the learned Additional Public Prosecutor, and

recording the steps taken by the Special Investigation Team, this Court is of the considered view that no further orders are required at this stage. Further, it is not the case of the petitioner that the detenu was illegally kidnapped or abducted, nor that he is under illegal detention but it is only a case of boy missing. Hence, the Writ of Habeas Corpus Petition stands closed.

5. The authorities concerned are directed to proceed with the investigation and file a final report/charge-sheet as expeditiously as possible, not later than a period of two months from the date of receipt of a copy of this order.

[P.V.,J.] [M.J.R.,J.] 07.01.2026 Index: Yes/No Speaking / Non Speaking ms

To 1.

The Commissioner of Police, Shozhinganallur, Chennai.

2.

The Inspector of Police, T-12, Selaiyur Police Station, Tambaram, Chennai - 600 123.

3.

The Commissioner of Police, Tambaram.

4.

The Public Prosecutor High Court of Madras.

P.VELMURUGAN, J., AND M.JOTHIRAMAN, J., ms H.C.P.No.2428 of 2023 07.01.2026