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Madras High CourtCRL OP/17191/2025dismissed

A.Balaji v. The Superintendent Of Police

2025-06-13Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.17191 of 2025 A.Balaji ... Petitioner Vs

1. The Superintendent of Police, Krishnagiri District, Krishnagiri.

2. The Inspector of Police, Bagalur Police Station, Krishnagiri District. ... Respondents PRAYER:

Criminal Original Petition filed under Section 528 of BNSS 2023, to direct the respondent-Police to complete the investigation in Crime No.290 of 2016 dated 13.7.2016 within a time frame and to file a final report before the concerned court.

For Petitioner : Mr.K.Rajmohan For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the respondent-Police to complete the investigation in Crime No.290 of 2016 dated 13.7.2016, within a time frame and to file a final report before the concerned court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondentPolice and perused the materials available on record. 3.Learned counsel for the petitioner submitted that the petitioner's father was missing from 13.07.2016. Hence, he preferred a complaint before the respondent-Police. A case was registered in Crime No.290 of 2016 under the caption "Man Missing". In the meanwhile, the petitioner' mother filed a petition in HCP No.669 of 2017 before this Court seeking to produce the petitioner's father and the same was closed on 26.11.2018. Now, the learned counsel for the petitioner has sought to issue nontraceable certificate in the event that petitioner's father could not be traced out.

4. Learned Government Advocate (Crl.Side ) appearing for the respondent submitted that the petitioner's father has collected money from various persons and thereafter, he absconded. Therefore, case has been registered in Crime No.8 of 2018 on the file of the District Crime Branch, Krishnagiri as against the accused persons. In order to escape from the liability, the petitioner's father absconded. Therefore the case is pending against him. No non-traceable certificate could be issued, as long his criminal case is pending against him.

5. Considering the submissions made by the learned counsel on either side and also considering the facts and circumstances of the case, this Court is not inclined to give any relief as sought for by the petitioner. In view of the same, this Criminal Original Petition is dismissed. 13.06.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Superintendent of Police, Krishnagiri District, Krishnagiri.

2. The Inspector of Police, Bagalur Police Station, Krishnagiri District.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.17191 of 2025 13.06.2025