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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