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Madras High CourtCRL OP(MD)/3124/2023disposed of

N.Mohamed Malik v. The Superintendent Of Police

2023-02-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN N.Mohamed Malik ... Petitioner Vs.

1.The Superintendent of Police, O/o. the Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Perungudi Police Station, Madurai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent to issue a Non Traceable Certificate to the petitioner in respect of missing original documents stated in connection with CSR.No.405/2022 dated 20.12.2022 in the light of the circular issued by the Director General of Police, vide circular in Rc.No.2029209/General.1(1)/2022 dated 01.04.2022. For Petitioner : Mr.M.Mohamed Rafi For Respondents : Mr.SS.Madhavan Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to the second respondent to issue a Non Traceable Certificate to the petitioner in respect of missing original documents stated in connection with CSR.No.405/2022 dated 20.12.2022 in the light of the circular issued by the Director General of Police, vide circular in Rc.No.2029209/General.1(1)/2022 dated 01.04.2022.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner has preferred a complaint on 14.10.2021 before the second respondent and also gave a complaint on 19.11.2021 before the first respondent for missing of his original gift deed vide documents bearing Nos.1662/2002 and 817/2008 in respect of the property, which was situated at Soorakkulam Village, Thirupparankundram Taluk, Madurai District in Survey No.16/2C, but no action was taken and hence, he has lodged another complaint on 20.12.2022 before the second respondent and on that basis, CSR.No.405 of 2022 came to be registered and even thereafter no action was taken by the concerned respondent police so far. 2/4

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the petitioner's complaint dated 20.12.2022 is pending.

4. Considering the above, the second respondent police is directed to conduct enquiry, after ensuring the said document has not been deposited for any purpose, following the circular issued by the Director General of Police in Rc.No.2029209/General.1 (1)/2022 dated 01.04.2022 within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition stands disposed of.

20.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

G.ILANGOVAN,J.

csm To 1.The Superintendent of Police, O/o. the Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Perungudi Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 20.02.2023 4/4