Madras High CourtCRL OP/5641/2024disposed of

M.Karthick v. The State Rep By

2024-03-08Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Karthick, S/o.Late. Muthaiyan ... Petitioner Vs.

1. The State rep. by The District Superintendent of Police, Office of the District Superintendent of Police, Namakkal District.

2. The State rep. by The Inspector of Police, Nallipalayam Post, Namakkal District.

3. The State rep. by The Sub-Inspector of Police, Erumapatti Police Station, Erumapatti Post, Namakkal District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to issue a non-traceable certificate to the petitioner in respect of the sale deed dated 21.04.1998 (Doc No.282/1998) on the file of Erumapatti Sub-Registrar Office. For Petitioner : Mr.P.Mathivanan For Respondents : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

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 complaints dated 13.12.2023 & 14.12.2023.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondents.

3. The petitioner had given complaints dated 13.12.2023 & 14.12.2023 before the respondents 1 and 3 respectively seeking to issue a non-traceable certificate on the ground that the sale deed dated 21.04.1998 (Doc No.282/1998) on the file of Erumapatti Sub-Registrar Office, 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 complaints 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 2/4

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 petitioner to attend the enquiry before the respondents along with all the necessary documents. The respondents shall conduct the enquiry in line with the circular Memorandum dated 01.04.2022 issued by the Director General of Police. Ultimately, if the respondents are satisfied after the enquiry, Non-traceable 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.

08.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm N.ANAND VENKATESH, J.

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gm To

1. The District Superintendent of Police, Office of the District Superintendent of Police, Namakkal District.

2. The Inspector of Police, Nallipalayam Post, Namakkal District.

3. The Sub-Inspector of Police, Erumapatti Police Station, Erumapatti Post, Namakkal District.

5.The Public Prosecutor, High Court, Madras.

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