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Madras High CourtWP/31837/2024disposed of

M.Raghu v. State Rep. By

2024-11-28Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN M.Raghu ... Petitioner Vs.

1. The Superintendent of Police Thirupathur District

2. The Inspector of Police Thirupathur Taluk Police Station Thirupathur District ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 and 2 to consider petitioner's representation dated 31.07.2024 to issue non traceable certificate and to file Final Report in FIR No.612 of 2023 earliest on the file of 2nd respondent.

For Petitioner : Mr.M.Ganesh For Respondents : Mr.S.Sugendran Additional Public Prosecutor 1/5

ORDER

This Writ Petition is filed to issue a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 31.07.2024 to issue Non Traceable Certificate and to file Final Report in FIR No.612 of 2023 on the file of the 2 nd respondent at the earliest.

2. The case of the petitioner is that the petitioner's car was stolen from his home and a complaint was registered in Crime No.612 of 2023 on the file of the 2 nd respondent. Thereafter, the petitioner was informed that the car was recovered by the 2 nd respondent police. Hence, the petitioner filed a petition under Section 451 and 457 of Cr.P.C. before the Judicial Magistrate-II, Tirupathur, for recovery of property in which, one Sagubarsathik filed obstruction petition. Hence, the learned Magistrate sent the vehicle to the Regional Transport Officer, Thirupathur for inspection and the report of the Regional Transport Officer, confirmed the transfer of ownership to the petitioner from one Deepan, however, the vehicle which was inspected was not 2/5

belong to the petitioner. Hence, the present petitioner is filed to issue Non Traceable Certificate and to file Final Report

3. The learned Additional Public Prosecutor appearing for the respondents submitted that the investigation is almost completed. However, since the Engine and the Chasis number of the car are mismatching, they could not file the charge sheet and that they are awaiting for the FSL Report.

4. Heard both sides and perused the materials available on record.

5. Considering the facts and circumstances of the case, the respondent police is directed to expedite the investigation and get the report from the Expert and file the charge sheet as expeditiously as possible.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

28.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Superintendent of Police Thirupathur District

2. The Inspector of Police Thirupathur Taluk Police Station Thirupathur District

3. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

Ksa-2 28.11.2024 5/5