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Madras High CourtCRL OP/15678/2016closed

K.Muthusamy, M/24 Years v. State Rep. By Its

2016-07-21Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.07.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.15678 of 2016 K.Muthusamy ... Petitioner Vs 1.State rep by its The Commissioner of Police, Vepery, Chennai-7.

2.The Inspector of Police, T-16, Nasarathpettai Police Station, Chennai-1.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2nd respondent to issue non traceable certificate or file a final report in Crime No.77 of 2016 within the stipulated time as prescribed by this Hon'ble Court and proceed further in accordance with law.

For Petitioner : Mr.D.Padmanabhan For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the 2nd respondent to issue non traceable certificate or file a final report in Crime No.77 of 2016 within a stipulated time as prescribed by this Hon'ble Court.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. It is seen that this petitioner lost his two-wheeler on 16.02.2016, in connection with which, a case in Crime No.77 of 2016 has been registered under Section 379 IPC against unknown accused. Now, it is the contention of the petitioner that the Police have not taken steps to apprehend the accused and recover the vehicle and they are also not issuing non traceable certificate.

4. In a case of this nature, where the accused is not known, this Court cannot issue a direction to the respondent Police to complete the investigation within a time frame. However, the respondent Police may consider issuing a non traceable certificate to the petitioner, subject to which, for the purpose of insurance claim.

https://hcservices.ecourts.gov.in/hcservices/

With the above direction, this petition is closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Commissioner of Police, Vepery, Chennai-7.

2.The Inspector of Police, T-16, Nasarathpettai Police Station, Chennai-1.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.D.Padmanabhan, advocate,sr.41486. gr(co) krd 5/8 CRL.OP.No.15678 of 2016 https://hcservices.ecourts.gov.in/hcservices/