Judgment :- Jayanta Kumar Biswas, J. The two petitioners in this WP under art.226 of the Constitution of India dated September 3, 2012 are seeking the following principal relief:- “a)Writ of or in the nature of Habeas Corpus may be issued commanding the Respondent No.1 to 4 and each of them of them to produce the body of Sushanta Roy, the victim son of the petitioner No.1 in Court.” The document at p.19 of the WP is a letter to the inspector incharge of Kotwali in Jalpaiguri that Sushanta, a physically handicapped son of the petitioners, went missing in the morning of December 16, 2011. The second petitioner (the mother) then wrote a letter dated July 10, 2012 to the inspector incharge that a message in her youngest son’s mobile phone provided reasons to believe that Sushanta had been abducted by one Jalaluddin Mia of Coochbehar. She demanded investigation, arrest of the accused and justice. Then alleging inaction on the part of the police she and her husband filed this W P. By an order dated September 27, 2012 this court directed the CID “to make further intensive effort for tracing out the missing person.” By the last order dated June 4, 2013 the Superintendent of Police concerned was directed to file an affidavit stating everything. Accordingly, an affidavit has been filed. There is nothing to show that on the basis of the information the second petitioner gave to the inspector incharge through her letter dated July 10, 2012 any FIR was registered. The case stated in the affidavit is that in spite of efforts the missing person could not be tracked down. A habeas corpus petition can be filed concerning liberty of a person who is wrongfully detained by a respondent in the petition. Power under art.226 is not to be exercised on the basis of a habeas corpus petition for tracing a missing person engaging an agency empowered to investigate a case under the provisions of the Code of Criminal Procedure, 1973. An agency can be directed to make an investigation only when a case of commission of an offence punishable in law is made out; and an order for the purpose is not to be passed under art.226 on the basis of a habeas corpus petition. For these reasons, we dismiss the WP. Nothing herein shall prevent the petitioners from approaching the Criminal Court with complaint. For these reasons, we dismiss the WP. Nothing herein shall prevent the petitioners from approaching the Criminal Court with complaint. Nor shall any thing herein be interpreted by the police to say that they are not under any obligation to track down the missing person. No costs.