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Madras High CourtWP/10969/2023allowed

Kaki Aasiya Begum v. The Superintendent Of Police

2023-04-11Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.(Crl.).No.10969 of 2023 Kaki Aasiya Begum

...Petitioner

Vs.

1 The Superintendent of Police Tiruppathur District, District Police office, Pudupet Road, Tiruppathur -635 601.

2 State of Tamil Nadu Rep. by Inspector of Police, Town Police Station,, Vaniyambadi- 635 751, Tiruppathur District.

3 Station House officer, Town police Station, Vaniyambadi- 635 751 Tiruppathur District.

...Respondents

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PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to consider the application dated 01.03.2023 filed by the petitioner and on concluding the same as correct in all respects according to the circular dated 1.04.2022 issued by the director General of Police Issue the Non Traceable Certificate to the petitioner within a time frame fixed by this Hon'ble Court and pass such order or orders as this Hon'ble Court may be deem fit and proper in the circumstances of the case.

For Petitioner : M/s.B.Ram Prasath For Respondent : Mr.S.Santhosh, Government Advocate (Crl. Side) **********

ORDER

The petition is filed to direct the respondents to receive the representation dated 01.03.2023 and issue a non-Traceable Certificate is respect of a document said to have been misplaced by the petitioner within a stipulated time.

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2. The learned counsel for the petitioner would submit that the 1st respondent had issued a circular dated 01.04.2022, which contains the procedure for issuing non-traceable certificate. He would submit that the petitioner had complied with all the requirements provided in the said circular. However, the respondents have not considered the petitioner's application so far.

3. The learned Additional Public Prosecutor would submit that on ascertaining that the petitioner has enclosed all the documents as stated in the circular issued by the 1st respondent, the 3rd respondent would consider the application of the petitioner dated 01.03.2023 and take action in accordance with law.

4. In view of the submissions made by the learned counsel for the petitioner and the learned Additional Public Prosecutor, the 3rd respondent is directed to consider the petitioner's application dated 01.03.2023 and pass appropriate orders in accordance with the Circular issued by the Director General of Police, Tamil Nadu, Chennai, dated 01.04.2022 in R.c.No.2029209/General.1(1)/2022, within a period of three weeks from the date of receipt of a copy of this order.

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5. In view of the above, the Writ Petition stands allowed. No costs. 11.04.2023 shr Index :Yes/No Internet :Yes/No To 1 The Superintendent of Police Tiruppathur District, District Police office, Pudupet Road, Tiruppathur -635 601.

2 The Inspector of Police, Town Police Station,, Vaniyambadi- 635 751, Tiruppathur District.

3 The Station House officer, Town police Station, Vaniyambadi- 635 751 Tiruppathur District.

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SUNDER MOHAN, J.

shr W.P.(Crl.).No.10969 of 2023 11.04.2023 5/5