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Madras High CourtCRL OP/6649/2018disposed of

D.Balaji, M/A 23 Yrs, v. The Commissioner Of Police

2021-07-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.6649 of 2018 D.Balaji

...Petitioner

Vs.

1. State rep.by The Commissioner of Police, Vepery, Chennai.

2. The Deputy Commissioner of Police, T.Nagar District,Chennai 600 017.

3. The Assistant Commissioner of Police, Vadapalani Range,Vadapalani, Chennai.

4. The Inspector of Police, R5 Virugambakkam Police Station, Chennai.

...Respondents

Prayer:Petition filed under Section 482 of Cr.P.C., to direct the respondent to issue a ''Non Traceable Certificate'' in favour of the petitioner's missing vehicle KTM 200 DUKE BIKE bearing Reg.No.TN10 AW 6630.

For Petitioners : Mr.S.Nambirajan For Respondent : Mr.C.E.Pratap, Government Advocate (Crl.Side)

O R D E R

The petitioner has filed this petition to direct the respondent to issue a ''Non Traceable Certificate'' in favour of the petitioner's missing vehicle KTM 200 DUKE BIKE bearing Reg.No.TN10 AW 6630.

2. The learned counsel appearing for the petitioner submitted that on 18.08.2016, the bike of the petitioner, which was hypothecated under HDFC Bank Ltd., was found missing. He lodged a complaint before the 4th respondent about the missing of the two wheeler and based on the complaint, the 4th respondent has also registered an FIR in Cr.No.1077 of 2016 u/s 379 IPC. However, though the said fact has been intimated to the bank officials, the petitioner was demanded to pay the monthly E.M.I. https://hcservices.ecourts.gov.in/hcservices/

Therefore, the petitioner has regularly approached the 4th respondent for issuance of Non Traceable Certificate of the petitioner vehicle, but till date no action has been taken by the respondents to issue such certificate. Hence the petitioner left with no other option, is constrained to approach this Court by filing this petition.

3.It is now represented by the learned Government Advocate (Crl.Side) that the Non Traceable Certificate will be issued within a period of four weeks from the date of receipt of a copy of this order, if the vehicle is not traced.

4. In the light of the undertaking given by the learned Government Advocate (Crl.Side) that the Non Traceable Certificate will be issued within a period of four weeks from the date of receipt of a copy of this order, if the vehicle is not traced, no further orders are necessary in this petition. 5.This criminal original petition is disposed of with the above observation.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sk To

1. The Commissioner of Police, Vepery, Chennai.

2. The Deputy Commissioner of Police, T.Nagar District,Chennai 600 017.

3. The Assistant Commissioner of Police, Vadapalani Range,Vadapalani, Chennai.

4. The Inspector of Police, R5 Virugambakkam Police Station, Chennai.

5. The Public Prosecutor, High Court of Madras,Chennai 600 104.

+1cc to Mr.S.Nambirajan, Advocate, S.R.No.32178 Crl.O.P.No.6649 of 2018 SKY(CO) RGA(02/08/2021) https://hcservices.ecourts.gov.in/hcservices/