S.Ravi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.1870 OF 2022 S.Ravi ... Petitioner

Versus

1. The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, Esplanade Police Station, High Court Campus, Chennai.

... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to issue non traceable certificate for the petitioner's missing document vide document No.10633 of 2005 on the file of the S.R.O., Kundrathur, Kancheepuram District in pursuance of his online complaint dated 12.01.2022 and investigate the matter in accordance with the law.

For Petitioner :

Mr.T.Balachandran For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to direct the second respondent to issue non traceable certificate for the petitioner's missing document vide document No.10633 of 2005 on the file of the S.R.O., Kundrathur, Kancheepuram District in pursuance of his online complaint dated 12.01.2022 and investigate the matter in accordance with the law.

2.The grievance of the petitioner is that the petitioner had come to meet his Advocate in the High Court campus on 09.09.2021, at that time, he had gone to the xerox shop near the High Court campus. He misplaced the original document bearing Document No.10633/2005 of his property.

Thereafter the petitioner had also given a public notice on 19.09.2021. Further he had sent a complaint to the respondent police through online on 12.01.2022 and the case is yet to be registered. 3.The learned Additional Public Prosecutor submits that the petitioner had given a complaint through online. He further submits that the experience shows that it is a usual tactics played by the persons, who had taken loan from the financiers. For some other reasons they make a complaint that the original documents are lost and thereafter obtained the certificate copy of the missing document and using the certificate copy of the said missing document as primary document, which leads to legal entanglement. Hence the respondent police are reluctant to issue Non-Traceable Certificate.

4.He further submits that to verify the veracity of the complaint the petitioner to appear before the respondent police along with the copy of the complaint and the supporting documents to prove his contention that the document No.10633/2005 was misplaced and lost. Thereafter on detailed enquiry, if the petitioner's contention is found genuine, appropriate steps would be taken and thereafter Non-Traceable Certificate can be given.

5.The learned counsel appearing for the petitioner on instruction submits that the petitioner shall appear before the respondent police on 09.02.2022, along with the copy of the complaint and other relevant documents in support of his contention.

6.Considering the submissions and on perusal of the materials, this Court directs the petitioner to appear before the second respondent police on 09.02.2022, along with the copy of the complaint and the documents in support of his contention. Thereafter the respondent police is directed to take appropriate action in the manner known to law.

7.With the above directions, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS IX) //True Copy// ah Sub Assistant Registrar

To

1. The Commissioner of Police, Vepery, Chennai.

2. The Inspector of Police, Esplanade Police Station, High Court Campus, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.S.Vishnu Prasad, Advocate, S.R.No.6109 CRL.O.P.No.1870 of 2022 CP(CO) PM/08/02/2022