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Madras High CourtCRL OP/8446/2024dismissed

R.Sivaraj v. The Commissioner Of Police

2024-04-10Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN R.Sivaraj ... Petitioner Vs.

1. The Commissioner of Police, Office of the Commissioner of Police, Coimbatore City.

2. The State rep, by its The Inspector of Police, Madukkarai Police Station, Coimbatore District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondents to issue non-traceable certificate to the petitioner, relating to the document which was missed on 15.12.2022 pertaining to sale deed No.431/1991 based on the representation letter dated 24.12.2022.

For Petitioner : Mr.P.Saravanan For Respondents : S.Udayakumar : Government Advocate (Crl.Side)

O R D E R

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The petitioner herein seeks direction of this Court to the respondent police to issue non traceable certificate.

2. The learned Government Advocate (Crl. Side) states that the complaint of the petitioner was enquired and found that the averments made in the complaint is not true and therefore hewas informed that he is not entitled for non traceable certificate on 10.01.2023. If the possession of the document itself not been primafaciely proved by the complainant, the respondent police cannot give a non traceable certificate to a person who has no evidence to show that he had in his possession of the document and lost it.

3. In view of the above, this Court finds no reason to entertain this petition.

4. Accordingly, this Criminal Original Petition is dismissed. If the closure report not furnished to the petitioner, the same may be served on him under due acknowledgement, for him to work out his remedy in the manner known to law.

10.04.2024 Vv To 2/4

1. The Commissioner of Police, Office of the Commissioner of Police, Coimbatore City.

2. The State rep, by its The Inspector of Police, Madukkarai Police Station, Coimbatore District.

3. The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

Vv 10.04.2024 4/4