S.Kotteswari v. The Inspector Of Police, (Crime)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.20321 of 2021 S.Kotteswari ... Petitioner

Versus

The Inspector of Police Sembium Police Station Sembium Chennai 600 011.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction, directing the respondent to receive the complaint from the petitioner and investigate the matter and issue a Non-Traceable Certificate to the petitioner with regard to the original sale deed dated 28.04.1999 vide Doc.No.1752/1999 on the file of the SRO Pursawakkam within a stipulated period of time fixed by this Court.

For Petitioner : Mr.P.Manikannan For Respondent : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to direct the respondent to receive the complaint from the petitioner and investigate the matter and issue a Non-Traceable Certificate to the petitioner with regard to the original sale deed dated 28.04.1999 vide Doc.No.1752/1999 on the file of the SRO Pursawakkam within a stipulated period of time fixed by this Court.

2. The contention of the petitioner is that on 11.03.2021, while she was travelling form her house to Perambur Church, on the way she misplaced the original sale deed in

Doc.No.1752/1999. This original document belongs to the property purchased by her father in Plot No.484 and Door No.505, to an extent of 162.0 sq.meter, situated at K.V.K.Street, Periyar Nagar, Vyasarpadi, Chennai, in the year 1999. She made a discrete search for those documents for a month, but she was unable to trace the same. Hence, she lodged a complaint on 16.04.2021 to the Inspector of Police, Sembium Police Station. After receiving the complaint, no acknowledgment was given nor any action has been taken. Hence, the above petition.

3. The learned Additional Public Prosecutor has submitted that the respondent Police has not received any search complaint from the petitioner. If the respondent receives any complaint from the petitioner, the same would be considered, enquired and proper action would be taken.

4. He further submitted that in a case of this nature, there is a possibility of selling the property to some person and thereafter, obtain Non-Traceable Certificate and using the said certificate, make rival claims. Hence, it is necessary to file a physical complaint and then appear before the respondent Police and give explanation. Thereafter, enquiry will be conducted to ascertain the veracity of the complaint and thereafter, necessary action would be taken.

5. At this juncture, the learned counsel for the petitioner on the instructions submitted that the petitioner is ready to appear before the respondent Police on 22.11.2021 with a complaint and offer her explanation.

6. In view of the same, the petitioner is directed to appear before the respondent Police on 22.11.2021 along with a complaint and other relevant documents and thereafter, the respondent Police shall take necessary action.

7. With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar dna

To

1. The Inspector of Police Sembium Police Station Sembium Chennai 600 011.

2. The Public Prosecutor High Court, Madras.

+1CC to Mr.P.Manikannan, Advocate, Sr.No.58093 CRL.O.P.No.20321 of 2021 SR-II (CO) K.RK. (17.11.2021)