R.Unnikrishnan, Aged 65 Years v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.23701 of 2016 R.Unnikrishnan ... Petitioner Vs.

The Inspector of Police, Singanallur Police Station Coimbatore City, Coimbatore.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the respondent herein to issue a "Non Traceable Certificate" in respect of the petitioner's missing sale deed dated 25.11.2016, registered as Document No.2027 of 1981 on the file of the Sub-Registrar, Singanallur. For Petitioner : Mr.M.R.Thangavel For Respondent : Mr.C. Emalias Additional Public Prosecutor

O R D E R

This criminal original petition has been filed to direct the respondent herein to issue a "Non Traceable Certificate" in respect of the petitioner's missing sale deed dated 25.11.2016, registered as Document No.2027 of 1981 on the file of the SubRegistrar, Singanallur.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that the petitioner has lost his property documents on 30.09.2015, in connection with which, he has also given an advertisement in "Maalai Malar" on 02.10.2015. Pursuant to that, the petitioner has given a complaint dated 19.07.2016 to the Assistant Commissioner of Police, Coimbatore District for issuance of non-traceable certificate. Now, the https://hcservices.ecourts.gov.in/hcservices/

petitioner is before this Court to direct the respondent police to issue non-traceable certificate to him.

4. The learned counsel appearing for the petitioner submitted a copy of some of the earlier orders of this Court made in Crl.OP.No.9324 of 2015 dated 21.04.2015 and Crl.OP.No.10091 of 2015 dated 01.06.2015, wherein similar directions have been issued. It is true that this Court issued earlier orders. But in State of Punjab vs. Davinder Pal Singh Bhullar and others [(2011) 14 SCC 770], the Supreme Court has clearly held that Section 482 Cr.P.C. can be invoked with respect to matters that are pending on the file of any Subordinate Court to High Court and not before administrative authorities. That apart, there is no legal provision under the Code of Criminal Procedure or in the Police standing Orders for issuance of such non-traceable certificate.

5. Under such circumstances, this Court is not inclined to direct the respondent to issue of non-traceable certificate to the petitioner and it is open to the petitioner to approach the Civil Court.

With the above observation, this petition is closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To

1. The Inspector of Police, Singanallur Police Station Coimbatore City, Coimbatore.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23701 of 2016 CNR(CO) CA(23/11/2016) https://hcservices.ecourts.gov.in/hcservices/