Team  SoOLEGAL

"In cases involving FIR for missing man or woman, there is no question of issuing a non-traceable certificate"

Team SoOLEGAL 6 Apr 2021 3:14pm

While hearing a case, the Madras High Court had stated that issuing of a Non-Traceable certificate does not fall under the process of investigation after an FIR has been lodged and that the police may not issue the same if not utmost necessary.

In this particular case, the petitioner had filed an FIR to the police for her father who went missing and approached the police for issuing a Non-Traceable certificate to which the police had denied.

Justice N Anand Venkatesh in the Division Bench of Madras High Court while dealing with writ petition which was filed under Article 226 of the Constitution of India had made the above observation. This particular writ petition was filed asking to issue a Writ of Mandamus, directing the respondents to consider the representations dated 20.10.2020 and also to direct the respondents to issue a Non-Traceable Certificate for the petitioner's father.

The Court referred to the case of K. Sukumari Vs. The Superintendent of Police, Virudhunagar District Virudhunagar and Ors.[1] in which rules and regulations were set for the process of quashing of FIR. The Court further stated that the police should continue with the investigation under the regulations that are set by the Court and that there is no chance of issuing of a Non-Traceable certificate as per mentioned in the petition.

The petition was dismissed.



Tagged: Madras High Court   Justice N Anand Venkatesh   Division Bench   Article 226   Constitution of India   Missing FIR  
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