K.Marayamml @ Kamala v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.33 of 2022 K.Marayammal @ Kamala

...Petitioner

Versus

1.The Superintendent of Police, Namakkal District.

2.The Inspector of Police, Paramathi Police Station, Namakkal District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C. to direct the respondents to trace out the original documents bearing Document No.938/1976 registered at Paramathi Sub Registrar or to issue a Non-Traceable Certificate to the petitioner.

For Petitioner : Mr.N.Sudhagar Nagaraj For R1 & R2 : Mr.E.Raj Thilak Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to direct the respondents to trace out the original documents bearing Document No.938/1976 registered at Paramathi Sub Registrar or to issue a Non-Traceable Certificate to the petitioner.

2.The grievance of the petitioner is that on 26.07.2021, the petitioner had sent an online complaint to the second respondent police informing that the Settlement Document No.938/1976 found missing from 10.04.2021.

The petitioner had sent a representation to the first respondent police/The Superintendent of Police, Namakkal District on 02.08.2021. The petitioner is an uneducated person belonging to a depressed community. She owned a property in S.No.94/8 of Paramathi Village, Namakkal District. On 03.09.1976, she pledged the said property with one Kali, a money lender and the original document was with the petitioner. On 10.04.2021 at about 11.00 a.m., she had taken the said original document in a yellow bag for taking photostat https://hcservices.ecourts.gov.in/hcservices/

copies at Paramathi Court Road Bus stop. At that time, the original documents were found missing. Thereafter she had lodged a complaint before the respondent police and the respondent police failed to take any action.

3.The learned Additional Public Prosecutor submits that the petitioner had sent her complaint through post and no such complaint is received by the respondent police. To verify the veracity of the petitioner's complaint the petitioner has to appear before the respondent police along with the necessary documents and give her statement and thereafter the respondent police would take appropriate action.

4.The learned counsel appearing for the petitioner on instruction submits that the petitioner would appear before the respondent police on 20.01.2022.

5.Considering the submissions and on perusal of materials, this Court directs the petitioner to appear before the respondent police along with the copy of the complaint and other documents in support of her complaint and to give her statement without fail on 20.01.2022. Thereafter, appropriate action would be taken by the respondent police.

6.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS III) /True Copy/ Sub Assistant Registrar ah To 1.The Superintendent of Police, Namakkal District.

2.The Inspector of Police, Paramathi Police Station, Namakkal District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N.Sudhagar Nagaraj, Advocate, S.R.No.1301 CRL.O.P.No.33 of 2022 RP(CO) KKV/12/01/2022 https://hcservices.ecourts.gov.in/hcservices/