Madras High CourtCRL OP(MD)/8986/2022disposed of

Shahul Hameed v. The Commissioner Of Police

2022-05-11Honourable Mr Justice M.Dhandapani2 pages

Crl.O.P (MD) No.8986 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.05.2022

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Crl.O.P (MD) No.8986 of 2022 Shahul Hameed ... Petitioner Vs 1.The Commissioner of Police, Office of the Commissioner of Police, Tirunelveli City.

2.The Inspector of Police, Melapalayam Police Station, (Crime) Tirunelveli City.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to issue Non Traceable Certificate with regard to the Document No.1 of 1986 registered in the office of the Sub Registrar, Melapalayam, Tirunelveli District.

For Petitioner : Mr.A.Abdul Kabur For Respondents : Mr.S.Ravi Additional Public Prosecutor

O R D E R

This criminal original petition has been filed to direct the second respondent to issue Non Traceable Certificate with regard to the Document No.1 of 1986 registered in the office of the Sub Registrar, Melapalayam, Tirunelveli District. 2.The case of the petitioner is that the petitioner lost his original document vide Document No.1 of 1986 registered on the file of the Sub Registrar, Melapalayam, Tirunelveli District, and he made a complaint before the second respondent Police for issuance of Non Traceable Certificate in the year 2020. However, till date, no progress has been made. Hence, the present petition is filed with above said prayer.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents Police.

4.The learned counsel appearing for the petitioner would submit that the petitioner is ready and willing to produce Encumbrance Certificate obtained on the date of missing, within a period of two weeks from the date of receipt of a copy of this order and thereafter, the second respondent may pass appropriate order. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P (MD) No.8986 of 2022 5.The learned Additional Public Prosecutor appearing for the respondents Police would submit that already the Director General of Police has issued guidelines in Rc.No.2029209/General.1(1)/2022, dated 01.04.2022 and this type of complaint is to be filed by the petitioner annexing the encumbrance certificate to show that the petitioner is the owner of the property. If the Encumbrance Certificate is received, the representation of the petitioner will be considered in the manner known to law.

6.Considering the facts and circumstances of the case, the petitioner is directed to produce the Encumbrance Certificate before the second respondent, within a period of two weeks from the date of receipt of a copy of this order. On such receipt of the said Encumbrance Certificate, the second respondent is directed to pass appropriate orders, within a period of four weeks therefrom. 7.Accordingly, this criminal original petition is disposed of. Sd/- Vacation Officer/AR(CS-I) // True Copy // 18/05/2022 Sub Assistant Registrar(CS) To 1.The Commissioner of Police, Office of the Commissioner of Police, Tirunelveli City.

2.The Inspector of Police, Melapalayam Police Station, (Crime) Tirunelveli City.

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

Crl.O.P (MD) No.8986 of 2022 11.05.2022 RS (18.05.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2