K. Sridar Venkatesan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.13409 of 2021 K.Sridhar Venkatesan ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent herein to issue "Non Traceable Certificate" to the petitioner based on the complaint dated 24.07.2021, within a time frame as stipulated by this Court. For Petitioner : Mr.S.Ramasamy For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This petition is filed seeking direction to the 2nd respondent to issue 'Non Traceable Certificate' to the petitioner based upon the complaint dated 24.07.2021.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor (Crl.side) appearing for the respondents would submit that the complaint has been received from the petitioner through on-line and in respect of the request, he did not appear and after some time, appeared on 29.07.2021, but did not produce a copy of the missing document. On that ground, it was closed on 31.07.2021.

3.The learned counsel appearing for the petitioner would submit that proper enquiry has not been undertaken and hence, this petition.

4.The learned Additional Public Prosecutor (Crl.side) would submit that the Director General of Police, Chennai has issued a circular to all the police officers to follow certain procedure 1/3

for issuing the 'Non Traceable Certificate' in such matters. He would further submit that the petitioner has to approach C4 Section attached to the Office of the Superintendent of Police, Virudhunagar District and has to comply with certain formalities and procedures. Without complying those procedures, enquiry cannot be undertaken.

5.It is seen that the complaint has been closed on some other ground. Now whatever it may be, the learned counsel for the petitioner would submit that the petitioner is ready to produce the certified copy of the missing document before the Enquiry Officer. So, accepting the request made by the learned counsel for the petitioner, this petition is disposed of with the following directions:- i) The petitioner is directed to make fresh representation/complaint before the competent authority within a period of 15 days from the date of receipt of a copy of this order by enclosing a certified copy of the missing document and must appear before the C4 Section attached to the Office of the Superintendent of Police, Virudhunagar District and has to comply with the formalities and procedures that has been adopted in this matter.

ii) C4 Section attached to the Office of the Superintendent of Police, Virudhunagar District shall guide the petitioner in this regard. After receipt of the proper compliant/representation and within a period of 8 weeks from the date of receipt of the complaint/representation, the same may be decided on merits. iii) Depending upon the outcome of the enquiry, the 2nd respondent may take further steps.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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. 2/3

To 1.The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

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

13.09.2021 NSN(CO) SB(20.09.2021) 3P 4C 3/3