Periyakaruppan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.20444 of 2018 Periyakaruppan : Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

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

: Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent issue non-traceable certificate to the petitioner relating to the missing of Original Sale Agreement No.3700 of 2004 dated 03.12.2004 based on the petitioner's complaint dated 20.06.2018.

For Petitioner : Mr.M.Suresh For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent to issue non-traceable certificate with regard to the sale agreement No.3700 of 2004 dated 03.12.2004 based on the petitioner's complaint dated 20.06.2018.

2.The learned counsel appearing for the petitioner would submit that the petitioner is aged about 75 years old and on 11.06.2018 he had gone to a xerox shop for taking copy of original sale agreement and came back to home. After some time when he searched the original sale agreement, it was not available with him. Thereafter, the petitioner has gone to the said shop and enquired the same. However, the petitioner is unable to trace the above said documents. He would further submit that narrating all the facts, the petitioner made a complaint before the second respondent on 20.06.2018. However, the second respondent has not given any acknowledgment for the same. He would further submit that the petitioner also sent a detailed representation to the first respondent on 18.07.2018 under Section 154(3) Cr.P.C. Even on receipt of the same, the respondent Police have not taken any efforts to trace out the said original documents.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Additional Public Prosecutor appearing for the respondents submitted that if the petitioner appears before the

second respondent Police for enquiry, they will conduct appropriate enquiry and take necessary action.

4.In view of the above submission and taking into consideration of the plight of the petitioner, who is a senior citizen, this Court directs the petitioner to appear before the second respondent Police for enquiry and the respondent Police is directed to conduct an enquiry and consider the petitioner's representation, dated 18.07.2018 and take appropriate action, within one month from the date of receipt of a copy of this order.

5.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

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

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

• 1 CC TO Mr.M.SURESH , ADVOCATE IN SR No.95687. • • GNS • DS SKN SAR1 18 12 2018 2P 5C Crl.O.P.(MD)No.20444 of 2018 16.11.2018 https://hcservices.ecourts.gov.in/hcservices/