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Madras High CourtCRL OP(MD)/8389/2021disposed of

Amirtham v. The Superintendent Of Police,

2021-08-10Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8389 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 10.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8389 of 2021 Amirtham ... Petitioner Vs.

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

2. The Inspector of Police, Eppodhumvendran Police Station, Thoothukudi District.

... Respondents Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the 2nd respondent to issue non traceable certificate in respect of the documents viz., Original Sale Deed in Document No.336/1998 on the file of the Sub Registrar, Ottapidaram. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed seeking a direction to direct the 2nd respondent to issue non traceable certificate in respect of the documents viz., Original Sale Deed in Document No.336/1998 on the file fothe Sub Registrar, Ottapidaram.

2. The case of the petitioner is that on 04.05.2021, the petitioner was taking the original registered sale deed document for the purpose of taking xerox copies. He parked his two wheeler at Eppodhumvendran Bus Stop and went for tea. After returning from the Tea Shop, he found that the original documents missed, which were kept in his two wheeler. Hence, he gave complaint before the second respondent, on 08.05.2021 through post. But, there was no action. Since all the efforts taken by the petitioner ended in vain, he is before this Court with the present Writ Petition. 3.When the matter is taken up for hearing, the learned Additional Public Prosecutor for the respondents would submit that in respect of issue the Non-traceable Certificate for missing document, the Director General of Police has issued a circular in e.f.vz;.116/Kfhk; /fh.J.J.j/2020, ehs; 31.07.2020, and the first respondent https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8389 of 2021 has to follow the same. According to him, the procedure has to be scrupulously followed by the second respondent before issuing the Certificate. So, it will take some time, since the request has to be given to the State Record Bureau as well as the District Records Bureau and he seeks three months time to complete the enquiry. 4.Considering his request as well as the Circular issued by the Director General of Police, e.f.vz;.116/Kfhk; / fh.J.J.j/2020 ehs; 31.07.2020, there shall be a direction to the second respondent to complete the enquiry within a period of three months from the date of receipt of a copy of this order and act as per the outcome of the enquiry.

5.With the above direction, this Criminal Original Petition is allowed to the extent above noted.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Thoothukudi District, Thoothukudi.

2. The Inspector of Police, Eppodhumvendran Police Station, Thoothukudi District.

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

Crl.O.P.(MD)No.8389 of 2021 10.08.2021 GC (17.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2