Palaniyammal v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Palaniyammal, W/o.Kittusamy ... Petitioner Vs.

1. The Superintendent of Police, Tiruppur District.

2. The Inspector of Police, Uthukuli Police Station, Tiruppur District.

(CSR No.687/2023).

... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the second respondent to issue Non-traceable Certificate for the doc No.223/1983 dated 05.02.1983 to the petitioner based on the complaint dated 22.12.2023. For Petitioner : Mr.K.Pragadeesh Kumar 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 second respondent to issue Non-Traceable Certificate to the petitioner based on her complaint dated 22.12.2023.

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

3. The petitioner had given a complaint dated 22.12.2023 before the second respondent seeking to issue a non-traceable certificate on the ground that the document No.223/1983 belonging to a property, 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 CSR No.687 of 2023 is pending enquiry on the complaint given by the petitioner and it will be considered in line with the circular issued by the Director General of Police. Learned Additional Public Prosecutor 2/4

submitted that the petitioner may be directed to produce the necessary documents before the second respondent 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 second respondent along with all the necessary documents. The second 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 second respondent is 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.

06.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm 3/4

N.ANAND VENKATESH, J.

gm To

1. The Superintendent of Police, Tiruppur District.

2. The Inspector of Police, Uthukuli Police Station, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

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