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Madras High CourtCRL OP/6978/2019disposed of

K.Babu v. Inspector Of Police

2019-04-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6978 of 2019 K.Babu .. Petitioner Vs The State Rep. by.

The Inspector of Police, R-1, Mambalam Police Station, Chennai.

.. Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent police to issue a Non-Traceable certificate to the petitioner's Magendira Xylo Car bearing registration No.TN-07-BT-7593 in connection with the Crime No.1920 of 2014 pending on the file of the respondent police.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.M.Mohammed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to to issue a Non-Traceable certificate to the petitioner's Magendira Xylo Car bearing registration No.TN-07-BT-7593 in connection with the Crime No.1920 of 2014 pending on the file of the respondent police.

2. The learned counsel for the petitioner would submit that the petitioner was professionally a call taxi driver and he purchased the car through Mahendira Finance. He approached the manager of Orange Call Taxi and attached his car for monthly rental basis. He received only an advance of Rs.24,000/- later only he knows he was cheated by the manager and owner of the Orange Call Taxi. He further submitted that the petitioner lodged a complaint on 14.12.2014 before the respondent police in Crime No.1920 of 2014 for an offence under Section 406, 420 of IPC and after registration of the FIR the respondent police neither called the petitioner nor his witnesses for enquiry. Due to untolerable torture restored by the finance company the petitioner approached the Insurance company for disbursement of https://hcservices.ecourts.gov.in/hcservices/

the insurance amount. He further submitted that as per the advise of the insurance company, the petitioner approached the respondent police and asked them to give a Non Traceable Certificate for getting insurance amount.

3. The learned Additional Public Prosecutor would submit that the petitioner has filed a petition under Section 406, 420 of I.P.C in Crime No.1920 of 2014 before the respondent police.

4. Considering the facts and circumstances of the case, the respondent police is directed to consider the petitioner's complaint dated 14.12.2014 and to issue a nontraceable certificate to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

5. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rri/ssr To 1.The Inspector of Police, R-1, Mambalam Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.30926 Crl.O.P.No. 6978 of 2019 PP(CO) RRS(09/05/2019) https://hcservices.ecourts.gov.in/hcservices/