Murugan v. State Of Tamilnadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.11585 of 2021 Murugan ... Petitioner .vs.
State of Tamil Nadu rep.by The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District.
... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to issue Non Traceable Certificate in respect of the missing sale deed dt.12.02.2008 registered as document No.448/2008 and sale deed dt.03.02.2010 registered as Document No.421/2010, on the file of Sub Registrar, Dharmapuri (West) based on the petitioner's complaint dated 26.06.2021.
For Petitioner : Mr.V.Sakkarapani For Respondent : Mr.A.Damodaran Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed for a direction to the respondent to issue Non Traceable Certificate in respect of the missing sale deed dt.12.02.2008 registered as document No.448/2008 and sale deed dt.03.02.2010 registered as Document No.421/2010, on the file of Sub Registrar, Dharmapuri (West) based on the petitioner's complaint dated 26.06.2021.
2.The petitioner sent an on line complaint on 12.04.2021 stating that he needs Non Traceable Certificate for the Sale Deed Document No.448/2008 dt.12.02.2008 and Document No. 421/2010 dt.03.02.2010. Surprisingly, it is seen though the petitioner is residing at Dharmapuri he has sent both the complaints through post and thereafter he had not followed it by appearing before the Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District.
3.The learned Government Advocate (Crl.side) submits that now a days number of complainants in such nature have been received stating that the original documents are missing https://hcservices.ecourts.gov.in/hcservices/
and thereafter getting a Non Traceable Certificate. Using the same, issuing a public notice and following it up with sale deed or transfer of property stating that the originals are missing and the certified copy of the document copy admitted as primary documents and originals. It seen that in some cases the originals are pledged and loan is taken and thereafter the loan is not repaid or earlier sale deed executed, to avoid the same, such ploys are adopted. 4.In view of the same, it is imperative for the petitioner to appear before the Inspector of Police in person to give explanation and the Inspector of Police to make necessary enquiry and thereafter only on getting satisfied the non traceable certificate to be given. The petitioner is directed to appear before the respondent Adhiyamankottai Police Station, Dharmapuri District.
In support of his complaint produce the documents and participate in enquiry. The respondent police conduct a proper enquiry and thereafter on satisfying of the enquiry about the genuineness of the complaint thereafter issue any such certificate if necessary to avoid unnecessary future litigations.
5.This criminal original petition is disposed of with the above direction.
Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar Kp To 1.The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District.
2.The Public Prosecutor, High Court, Madras.
+1cc to Mr.V.Sakkarapani, Advocate, S.R.No. 32399 CRL.O.P.No.11585 of 2021 PCH(CO) GN(03/08/2021) https://hcservices.ecourts.gov.in/hcservices/