Madras High Court
G.Karthikeyan vs The Inspector Of Police – Crime on 15 June, 2023
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.No.25372 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.25372 of 2022
G.Karthikeyan ... Petitioner
Vs.
The Inspector of Police – Crime,
T-14, Mangadu Police Station,
Mangadu, Chennai – 600 122. ... Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of the
Code of Criminal Procedure, to direct the respondent to register the
complaint of the petitioner, dated 25.06.2022 and investigate the case in
accordance with law.
For Petitioner : Mr.J.Arun Prasad
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor
*****
ORDER
This Criminal Original Petition has been filed to direct the respondent to register the complaint of the petitioner, dated 25.06.2022.
2.The gist of the complaint is that the petitioner is the owner of the plot No.85, old survey No.482/2A/2A6 in Addison Nagar, Mangadu and Page No.1 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022 he is also constructing house in the said property. On 24.06.2022, at about 12.00 noon, the petitioner was travelling in a bus route No.66 from Kundrathur to Mangadu. After alighting from bus, the petitioner realized that his handbag found missing, in which, he had original parent document to the said property document No.1284 of 1996, patta No.448 and document, dated 12.03.1996 with regard to plot No.85 and patta No.482/8.
3.Learned counsel for the petitioner submitted that since all the missing documents are original, the petitioner immediately approached the respondent Police and informed about missing of documents during travel in the bus. The petitioner was advised to produce photostat copy of missing documents along with encumbrance certificate and proof of petitioner present in Mangadu at relevant point of time, Sworn Affidavit, public notice and paper publication. The petitioner issued public notice, caused paper publication, collected certified copies of documents and submitted all photostat documents to the respondent Police, who on receipt of the same, failed to act on it. Whenever petitioner approached the respondent Police, he was given one reason or other and no action Page No.2 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022 taken sofar. He further submitted that the petitioner on 18.08.2022 sent a complaint through registered post along with these documents to respondent Police, who received the same, but no action taken. Due to non-availability of documents, petitioner is unable to construct house further, unable to get electricity, water and sewage connections and other mandatory services and license from the authorities. Though the respondent Police was informed about the same, they failed to respond and informed that they have to follow the guidelines of the Director General of Police before issuing Non Traceable Certificate for the missing original documents. Having no other option, now, the petitioner approached this Court by way of the above petition.
4.Learned Additional Public Prosecutor appearing for the respondent Police filed status report and submitted that a day prior to the complaint, dated 25.06.2022, the petitioner came to the respondent Police Station in person, informed three places where he might have lost his documents (i)State Bank of India, Iyyappanthangal (ii)In the bus route No.66 (iii)Balaji Bhavan, Mangadu. The petitioner was asked to ascertain the exact place of missing the original documents and thereafter, Page No.3 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022 lodge the complaint. On 25.06.2022, the petitioner lodged the complaint as though the document was found missing after he alighting from the bus, hence, he was advised to produce the certified copies of the documents with encumbrance certificate. The Director General of Police, Head of Police Force, Chennai in R.C.No.2029209/General.1(1)/2022, dated 01.04.2022 issued certain guidelines in issuing Non-Traceable Certificate in respect of the missing documents. Since the petitioner failed to produce relevant documents as per the circular of the Director General of Police, the FIR could not be registered for missing of documents and to issue Non Traceable Certificate. From the status report, the petitioner's complaint through registered post on 18.08.2022 receipt is acknowledged. If the petitioner produces the available certified copy of missing documents and explains the exact place where he misplaced his handbag along with the missing documents, the complaint can be acknowledged and action will be taken in accordance with law. The circular of the Director General of Police to be scrupulously followed for the reason there are instances of persons, who pledge property originals with the bank or private financiers, later make a complaint original are found missing and Non Traceable certificates are obtained, Page No.4 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022 later encumbrance created leading to legal entanglement. For this reason, this procedure has been put in place.
5.This Court considered the rival submissions and perused the materials available on record.
6.A scanned reproduction of Circular issued by the Director General of Police, Head of Police Force, Chennai, dated 01.04.2022 and documents required to issue Non Traceable Certificate, are as follows:- Page No.5 of 14
https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022 Page No.6 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022 Page No.7 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022 Page No.8 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022 Page No.9 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022 Page No.10 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022 Page No.11 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022
7.The respondent Police to follow the above circular for issuance of Non Traceable certificate is no faulted, but the only concern is that citing the same causing harassment by not entertaining the complaint of a person who lost the document and making him to run from pillar to post, is not proper. So that unnecessarily the public are not harassed, made to feel that they are harassed for some other reason.
8.Now, the petitioner is ready to appear before the respondent Police for further enquiry. The Inspector of Police, T-14 Mangadu Police Station, Chennai/respondent Police is also present before this Court.
9.In view of the above, the petitioner to appear before the respondent Police with all documents available with him including certified copy of the documents. On his appearance, the respondent Police following the said circular take appropriate steps and issue Non Traceable Certificate without any delay. In any event, Non Traceable Certificate to be issued within a period of four weeks from the date of submission of documents to the respondent Police. Page No.12 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022
10.With the above directions, this Criminal Original Petition is disposed of.
15.06.2023 Index: Yes/No Internet: Yes/No vv2 To
1.The Inspector of Police – Crime, T-14, Mangadu Police Station, Mangadu, Chennai – 600 122.
2.The Public Prosecutor, High Court, Madras.
Page No.13 of 14 https://www.mhc.tn.gov.in/judis Crl.O.P.No.25372 of 2022 M.NIRMAL KUMAR, J.
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