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Madras High CourtCRL OP/14345/2024dismissed

P.Rukmani v. State Rep. By

2024-06-20Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN P.Rukmani ... Petitioner Vs.

1.State rep.by The Superintendent of Police, Tirupur Superintendent of Police Office, Tirupur.

2.The Deputy Superintendent of Police, Kangeyam, Tirupur-638 701 3.The Inspector of Police, Vellakoil Police Station, Vellakoil, Tirupur-638 111.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondents, in particular the third respondent police to grant Non Traceable Certificate of petitioner's sale deed vide document No.540 of 1983 executed on 16.03.1983. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

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Postal representation addressed to the Superintendent of Police for issuing Not Tracing Certificate could not be proceeded further, since the petitioner herein has not appeared in person to furnish particulars to probe into the trail of the lost document.

2.

However, the petitioner instead of participating in the enquiry on her complaint had approached the Court under Section 482 Cr.P.C., seeking direction without substantiate the content of the complaint regarding the possession of the documents and for manner in which got lost. The petitioner cannot expect the Court to issue direction for a Non Traceable Certificate which will have serious civil consequence. Any certificate issued without proper investigation will lead to multiplicity of other proceedings. Hence the prayer of this nature cannot be entertained under Section 482 of Cr.P.C. 3.

In view of the above, this Criminal Original Petition is dismissed accordingly.

20.06.2024 Index : Yes/No rpl To 2/4

1.The Superintendent of Police, Tirupur Superintendent of Police Office, Tirupur.

2.The Deputy Superintendent of Police, Kangeyam, Tirupur-638 701 3.The Inspector of Police, Vellakoil Police Station, Vellakoil, Tirupur-638 111.

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

Dr.G.JAYACHANDRAN,J.

rpl 3/4

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