S.M.Srilekha Pradeepa vs The Inspector Of Police
2021 Latest Caselaw 5659 Mad

                                                                                   WP No.5023 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 03.03.2021

                                                        CORAM

                            THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                                  WP No.5023 of 2021


                      S.M.Srilekha Pradeepa                                      ... Petitioner

                                                             vs.

                      1. The Inspector of Police,
                         V6 Kolathur Police Station,
                         No.8A, Kolathur,
                         Chennai 600 099.

                      2. Commissioner of Police,
                         No.132, Commissioner Office Building,
                         EVK Sampath Road, Vepery,
                         Chennai 600 007.

                      3. Assistant Commissioner of Police,
                         11, Kolathur Road,
                         Thenpalani Nagar, Kolathur,
                         Chennai – 600 099.                                         ... Respondents

                      Prayer:- Writ petition filed under Article 226 of the Constitution of India
                      praying to issue a Writ of Mandamus, directing the respondents to consider
                      the representations dated 20.10.2020 and consequently direct the
                      respondents to issue a Non-Traceable Certificate for the petitioner's Father.

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                                                                                    WP No.5023 of 2021



                                    For Petitioner        : Ms. T.Sudha Gandhi

                                    For Respondents       : Mr.M.Mohamad Riyaz
                                                            Additional Public Prosecutor


                                                        ORDER

This petition has been filed for a direction to the respondent Police to

issue a non-traceable certificate based on the FIR registered by the first

respondent in Crime No.832 of 2011.

2. The petitioner had lodged a complaint that her father is missing and

a man missing FIR was registered in Crime No.832 of 2011. According to

the petitioner, her father has not been traced till date. Therefore, the present

petition has been filed for a direction to the respondent Police to issue a non-

traceable certificate.

3. In cases involving man missing or woman missing FIR, there is no

question of issuing a non-traceable certificate. This Court has already issued

guidelines as to how such FIR’s will have to be dealt with in the judgment

K. Sukumari Vs. The Superintendent of Police, Virudhunagar District,

http://www.judis.nic.in WP No.5023 of 2021

Virudhunagar and Ors., reported in 2018 (2) LW Crl 636. Therefore, the

respondent Police will have to continue the investigation in line with the

guidelines given by this Court and there is no scope for issuing a non-

traceable certificate as sought for by the petitioner.

4. This Writ Petition is disposed of accordingly. No costs.

03.03.2021 Internet: Yes/No speaking order/ Non Speaking order jv To

1. The Inspector of Police, V6 Kolathur Police Station, No.8A, Kolathur, Chennai 600 099.

2. Commissioner of Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai 600 007.

3. Assistant Commissioner of Police, 11, Kolathur Road, Thenpalani Nagar, Kolathur, Chennai – 600 099.

4. The Public Prosecutor, High Court, Madras.

http://www.judis.nic.in WP No.5023 of 2021

N.ANAND VENKATESH, J.

jv

WP No.5023 of 2021

03.03.2021

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