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Bombay High Court

MANJUDEVI PANCHARAM RITHADIAversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

A writ of habeas corpus cannot be entertained where the person sought to be produced is dead, and the petition must be dismissed.

Summary

The petitioner filed a criminal writ petition on 22 November 2019 seeking a writ of habeas corpus after her daughter had committed suicide on 30 March 2019. The petitioner claimed she was unaware of her daughter's death at the time of filing. The respondent produced the order of the Additional Chief Judicial Magistrate confirming the daughter's death. The Court examined whether a habeas corpus petition can survive when the person whose liberty is sought to be restored is deceased. Finding that the petition had no viable relief and the petitioner lacked locus standi, the Court disposed of the petition.

Issues considered

  • Whether a writ of habeas corpus can be entertained when the person whose liberty is sought is deceased
  • Whether the petitioner has locus standi to continue the petition after the death of the person concerned

Subjects

  • habeas corpus
  • locus standi
  • death of petitioner
  • criminal writ petition
  • disposal

Judgment

                                                               1 of 2               31-WP-5919-2019
                              Sagar Magar

                                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL WRIT PETITION NO. 5919 OF 2019


                             Manjudevi Pancharam Rithadia                       … Petitioner
                                   Versus
                             State of Maharashtra & Ors.                        ... Respondents

                                                           __________
                             None for Petitioner.
                             Ms. M. M. Deshmukh, APP for the Respondent-State.
                             I.O. Shrikant Kale, API, DCB, CID, Unit-6, Mumbai is present.

                                                           __________

                                                  CORAM : SARANG V. KOTWAL &
                                                          RANJITSINHA RAJA BHONSALE, JJ.

                                                  DATE   : 31 AUGUST 2026
                             PC :

                             1)              Learned APP tendered the copy of the Order dated

                             23rd June 2025 passed by the Additional Chief Judicial Magistrate,

                             37th Court, Esplanade, Mumbai in C.C. No. 875/PW/2019. The

                             same is taken on record and marked ‘X’. The said Order records

                             that the daughter of the Petitioner had committed suicide on 30 th

                             March 2019.


                             2)     The present petition was filed on 22 nd November 2019, that


          Digitally signed
          by SAGAR
SAGAR   SANTOSH
        MAGAR
SANTOSH Date:
MAGAR   2026.09.01
          13:15:23
          +0530
                                2 of 2                  31-WP-5919-2019


was after the suicide of the Petitioner’s daughter, but admittedly

the Petitioner was not aware of the same. Learned APP therefore

submitted that the writ of habeas corpus did not survive.


3)          Considering the situation and statement made by the

learned APP on instructions, nothing survives in the petition and

the petition is disposed of.




(RANJITSINHA RAJA BHONSALE, J.)          (SARANG V. KOTWAL, J.)


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