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Raw Star   14 April 2021

Civil suit without non traceable

My father is missing since 2002. He was govt servant so when his dept was doing enquiry against him due to absence on duty, they asked S.S.P to file non traceable report. Police directly provided non traceable report to the dept and didn't provide us. My mother is not educated so she dont know anything.

I got to know about this in 2020. I asked them to provide but they said that the record room is shifted to some other place. I went to the present record room but records were missing there. I filed RTI but they said that the report which is I'm looking for is missing. So what is solution to get non traceable report. Is present officer is authorised to provide new non traceable report on the basis of previous FIR?

 

Or MC have authorisation to provide death certificate without non traceable? Actually we need a death declaration from the court, we have FIR with us but without non traceable report we cannot file civil suit in the court.



Learning

 1 Replies

Akshita Kotian   11 June 2021

The non-traceable certificate is given after a lapse of 7 years. Under the Indian Evidence Act, a person who has been missing for more than 7 years can be presumed to be dead. You can file a civil suit without the non-traceable certificate, with the help of the F.I.R along with an affidavit of your relatives and neighbors.  


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