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Madras High CourtCRL OP/1213/2024disposed of

Dhandapani v. State Rep. By

2024-01-24Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Dhandapani S/o.Mari

...Petitioner

Vs.

State represented by The Inspector of Police, Harur Police Station, Dharmapuri District.

...Respondent

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to direct the respondent to issue Non-Traceable Certificate to the petitioner based on his representation dated 17.11.2023 within a stipulated time that may be fixed by this Court. For Petitioner :

Mr.J.Pradeep For Respondent :

Mr.A.Damodaran, Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent to issue Non-Traceable Certificate to the petitioner based on his representation dated 17.11.2023.

2. Heard learned counsel for the petitioner and learned Additional 1/4

Public Prosecutor appearing for the respondent.

3. The petitioner had given a representation dated 17.11.2023 before the respondent seeking to issue a non-traceable certificate on the ground that the original sale deed vide document No.2108/1992 on the file of SubRegistrar, Harur, was lost and hence, unless the non-traceable certificate is obtained from the concerned police, the petitioner will not be able to proceed further to deal with the property.

4. Learned Additional Public Prosecutor, on instructions, submitted that the representation given by the petitioner will be considered in line with the circular issued by the Director General of Police. Learned Additional Public Prosecutor submitted that the petitioner may be directed to produce the necessary documents before the respondent police in order to complete the enquiry and to give the Non-traceable certificate.

5. Under such circumstances, there shall be a direction to the 2/4

petitioner to attend the enquiry before the respondent along with all the necessary documents. The respondent shall conduct the enquiry in line with the circular Memorandum dated 01.04.2022 issued by the Director General of Police. Ultimately, if the respondent is satisfied after the enquiry, Nontraceable Certificate shall be issued to the petitioner. This process shall be completed by the respondent within a period of four (4) weeks from the date of receipt of a copy of this order.

This Criminal Original Petition is disposed of with the above direction.

24.01.2024 Index : Yes/No Internet : Yes/No gm To 1.The Inspector of Police, Harur Police Station, Dharmapuri District.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm 24.01.2024 4/4