Madras High CourtCRL OP(MD)/4884/2021disposed of

B.Muthulakshmi v. The Superintendent Of Police

2022-03-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.4884 of 2021 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.4884 of 2021 B.Muthulakshmi ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Sub-Inspector of Police, Town Police Station, Srivilliputhur Post and Taluk, Virudhunagar District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent to take effective steps to trace out the missing documents of the petitioner or issue a certificate to the effect of non-traceability of the document by considering the petitioner's representation, dated 04.03.2021. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent to take effective steps to trace out the missing documents of the petitioner or issue a certificate to the effect of non-traceability of the document by considering the petitioner's representation, dated 04.03.2021. 2.The petitioner lodged a complaint alleging that his original settlement deed has been lost near Sub-Registrar office. 3.The learned Government Advocate (Criminal Side) appearing for the respondents would submit that on receipt of the said complaint, the petitioner was issued with C.S.R.No.209 of 2021 and thereafter, enquiry was conducted and the same was closed on 08.05.2021. He would further submit that there are certain procedures to follow while lodging the complaint on missing documents, since the people used to lodged similar type of complaint after mortgaging the original title deed. That apart, the person, who mortgaged the property, intended to sell the same by producing the non-traceable certificate.

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Crl.O.P.(MD)No.4884 of 2021 4.In view of the above, the petitioner is directed to lodge a fresh complaint after fulfilling all the requirements and on receipt of the same, the second respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law. 5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Superintendent of Police, Virudhunagar District.

2.The Sub-Inspector of Police, Town Police Station, Srivilliputhur Post and Taluk, Virudhunagar District.

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

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