Madras High CourtCRL OP(MD)/11952/2021disposed of

Vellaiyammal v. The Superintendent Of Police

2021-08-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No. 11952 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P.(MD)No. 11952 of 2021 Vellaiyammal ... Petitioner Vs.

1.The Superintendent of Police, O/o Superintendent of Police, Madurai District, Madurai - 625 007.

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

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent 2 to issue Non Traceable Certificate to the petitioner, based on the petitioner's complaint dated 17.10.2020 and the subsequent representation dated 27.04.2021 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor.

ORDER

This petition has been filed to direct the second respondent to issue Non Traceable Certificate to the petitioner, based on the petitioner's complaint dated 17.10.2020 and the subsequent representation dated 27.04.2021 within a stipulated time that may be fixed by this Court.

2.The case of the petitioner is that on 11.10.2020, the petitioner along with her sister went to Vadipatti by carrying the original sale deed Document No.686 of 1978 and mortgage deed Document No.694 of 1976 and during the transit, those two documents were found missing. Hence, she made a complaints dated 17.10.2020 and 27.04.2021. Inspite of that there is no action on the part of the respondent police. Hence, this petition.

3.The learned Additional Public Prosecutor would submit that based upon the complaint given by the petitioner, CSR No. 480 of 2021 has been assigned and enquiry is under way. He would further submit that in respect of issuance of 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 11952 of 2021 respondent 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 disposed of.

Sd/- Assistant Registrar (W) // 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, O/o Superintendent of Police, Madurai District, Madurai - 625 007.

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

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

Crl.O.P.(MD)No.11952 of 2021 23.08.2021 RS (02.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2