Jayamala v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.2489 of 2024 Jayamala ... Petitioner /vs./ 1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Aranthangi Police Station, Pudukottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second Respondent to issue Non-Traceable certificate based on the Petitioner's online complaint dated 29.12.2023 within a stipulated time as fixed by this Court. For Petitioner : Mr.M.Anbarasan For M/s.KBS Law Office For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this Writ Petition seeking direction against the Respondents to issue the non-traceable Certificate to the Petitioner with regard to the document in Doc.No.3492/2011 dated 07.04.2011 on the file of Tiruppur District Registrar Office. Hence, the Petitioner preferred a complaint on 29.12.2023 to the second Respondent Police through online in CCTNS Citizen Portal. She had also issued a paper publication in the Daily Makkal 50 Kural Newspaper in respect of the missing of the aforesaid documents. Since no action had been taken to issue non-traceable certificate, the Petitioner approached this Court by way of filing this petition.

2. The learned Additional Public Prosecutor on instructions of the Respondents would submit that as per the Circular issued by the Director General of Police/Head of State Police Force, Tamil Nadu, Chennai, in Rc.No. 2029209/General.4(1)/2022, dated 01.04.2022, the Field Officers were directed to follow certain Standard Procedures. The Petitioner has to comply the circular of Director General of Police regarding non traceable certificate by furnishing 2/5

certified copy of the document that is alleged to have been missed by her. The Petitioner shall furnish her photographs along with proof of Identity and copies of newspaper publication. Also the Petitioner shall give an undertaking that if the lost original document is found, it will be informed to the Respondent Police promptly and if non traceable certificate is misused for any illegal transactions, the Petitioner is liable for prosecution. On such undertaking only, non traceable certificate will be issued. He would further submit that the Petitioner has to appear before the Respondent Police, with all relevant documents. On such production of documents and application, the Respondents are ready to abide by the circular of DGP/ Head of State Police Force, Tamil Nadu.

3. In the light of the submissions made by the learned Counsel for the Petitioner and the learned Additional Public Prosecutor, the Petitioner is directed to produce the certified copy of the documents that she had lost along with sufficient number of photographs of the Petitioner along with proof of identity of the Petitioner. The Petitioner shall submit copies of paper publication and give an undertaking to the effect that if the lost original document is found, it will be informed to the Respondent Police promptly and if she misuse the non-traceable certificate for any illegal transaction, she is liable for criminal prosecution. The 3/5

Petitioner is directed to appear before the Respondents in person with all relevant documents. On such appearance of the Petitioner with all relevant documents and photographs, as per the circular of Director General of Police/Head of State Police Force, Tamil Nadu, Chennai, in Rc.No.2029209/General.4(1)/2022, dated 01.04.2022, the Respondents shall consider and pass appropriate order within a period of one month from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. No costs. 07.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr TO:

1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Aranthangi Police Station, Pudukottai District.

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr Order made in W.P.(MD)No.2489 of 2024 Dated:

07.02.2024 5/5