M.Paramasivam, Aged 56 Years, v. The Deputy Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2021

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Crl.O.P.No.8260 of 2017 and Crl MP No.272 of 2017 M.Paramasivam

...Petitioner

-Vs1. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Annadhanapatti (Line Medu )

2. The State Rep. By its The Inspector of Police, Pallapatti Police Station, ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents to give non-traceable certificate to the petitioner, relating to unused ticket books worth about Rs.37,218/- which were stolen on 15.03.2017.

For Petitioner : Mr.P.Saravanan For Respondent : Mr.E.Raj Thilak Counsel for Government (Crl. Side)

O R D E R

This Criminal Original Petition has been filed for a direction to the respondent to issue a non traceable certificate with regard to lost of unused ticket books worth about Rs.37,218/-.

2. The case of the prosecution is that the petitioner is a conductor. On 15.03.2017, while he was on duty as a conductor and one R.Muthusamy working as driver in Jonshon pettai branch, took duty in No.TN30N1183, which was plying to Salem to Trichy Route. On that day, about about early morning 4.00 am, they were ready to go Trichy, the bus was standing in the New Bus Stand,

Salem. While the petitioner had entered into the Time Keeper's Office to report the duty and signing in the time book and return to duty, he was utter shocked that his ticket bag was stolen by unknown persons. The petitioner along with collegues searched for the bag, but left in vain. Thereafter, the petitioner lodged a complaint on 15.03.2017 in person to Pallapatty police station regarding his ticket bag was stolen. Since no action has been taken on the complaint given by the petitioner, the petitioner filed this Criminal Original petition seeking for a direction to the respondent to issue non-traceable certificate.

3.The learned counsel for the petitioner would submit that the petitioner had lost his ticket bag and hence, he preferred a complaint on 15.03.2017 before the respondent/police. The respondent police neither traced the ticket book nor given any non-traceable certificate to the petitioner. The learned counsel further submitted that the employer has initiated disciplinary proceedings against the petitioner.

4. The learned Government Advocate on instructions submitted that the CSR has been closed due to non-traceability of the bag.

5. Under such circumstances, there shall be a direction to the respondent police to issue a non traceable certificate to the petitioner, within a period of two weeks from the date of receipt of a copy of this order, which will enable the petitioner to place the same before the Disciplinary authorities.

4.This criminal original petition is allowed with the above directions. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rka To

1. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Annadhanapatti (Line Medu )

2. The Inspector of Police, Pallapatti Police Station,

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

+1cc to Mr.P.Saravanan, Advocate sr.35885 Crl.O.P.No.8260 of 2017 gpl[co] srg 23/08/2021