V.Manikandan v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2022
CORAM
THE HON'BLE Mr.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.25776 of 2021 1.V.Manikandan 2.V.Lakshmi 3.V.Vignesh
...Petitioners
Vs.
1. The Inspector of Police Veerapandi Police Station, Tirupur - 641 604.
2. The Commissioner of Police, Sirupuluvapatti 15 Velampalayam ring road, Tirupur - 641 687
...Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to conduct an enquiry upon perusing the annexures produced by the petitioners in pursuant to their complaint dated 10.06.2021 and accordingly issue a Lost Document Report / Non-traceability Certificate pertaining to the petitioner's lost property documents within a time-frame stipulated by this Court. For Petitioners : M/s.M.Nila For Respondents : Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition is filed to direct the 1st respondent to conduct an enquiry upon perusing the annexures produced by the petitioners in pursuant to their complaint dated 10.06.2021 and accordingly issue a Lost Document Report / Nontraceability Certificate pertaining to the petitioner's lost property documents
2.When this Court had passed orders directing the petitioners to approach the Deputy Superintendent of Police, District Crime Record Bureau, the learned counsel for the petitioners intervened, stating that there is a circular from the Director General of Police to the Station House Officers of the respective police stations regarding non traceable certificate in respect of missing original land documents. Therefore, she sought time to furnish it after the lunch session. Accordingly, she furnished the circular in the Rc.No.2029209/General.1 (1)/2022 from the office of the Director General of Police dated 01.04.
2022 and she had invited the attention of this Court to paragraph number 12 of this instruction, wherein, it is stated as "Within three days from the receipt of documents in full and issuance of CSR, the Station House Officer (SHO) after personally satisfying himself, should send a letter addressed to the Deputy Superintendent of Police / Assistant Commissioner of Police of the DCRB / CCRB informing about the loss of document along with the following certificate. "Certificate" - Certified that I have verified all the documents enclosed as mandated in the Chief Office circular memorandum in Rc.No.2029209/Gen.1(1)/2022, dated: 01.04.2022".
Therefore, instead of, the petitioners approaching the office of the Deputy Superintendent of Police, District Crime Records Bureau, the learned counsel for the petitioners seek to give appropriate instructions to the respondents in this petition. Accordingly, the respondents herein is directed that after the submission of the documents as per the summons issued to the petitioners by the respondent under Section 91 of the Cr.P.C. the petitioners shall furnish those documents to the respondent which are available with the petitioners. Based on the submission of the said documents, if the respondents are satisfied with the claim of the petitioners and it is found to be bonafide claim, he is directed to act as per the instructions of the Director General of Police, District Crime Records Bureau, in Rc.No.2029209/General.1 (1)/2022 dated 01.
04.2022 in paragraph number 12. Accordingly, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ep
To
1. The Inspector of Police Veerapandi Police Station, Tirupur - 641 604.
2. The Commissioner of Police, Sirupuluvapatti 15 Velampalayam ring road, Tirupur - 641 687.
3. The Public Prosecutor, High Court of Madras.
+1cc to Mr.S.V.Pravin Rathinam, Advocate, S.R.No.37918 Crl.O.P.No.25776 of 2021 SSN[co] NSK/06/07/2022