Madras High CourtCRL OP(MD)/12370/2019disposed of

V.Deva Harin Sam v. The Superintendent Of Police

2019-09-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12370 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.12370 of 2019 V.Deva Harin Sam .. Petitioner/ Complainant Vs

1) The Superintendent of Police, Nagercoil, Kanyakumari District.

2) The Inspector of Police, Colachel Police Station, Kanyakumari District.

(Crime No.101 of 2018) .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to file final report in Crime No.101 of 2018 dated 14.05.2018 on the file of Colachel Police Station, Kanyakumari District within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate(Crl.Side)

O R D E R

This Criminal Original petition has been filed to direct the 2nd respondent to file final report in Crime No.101 of 2018 dated 14.05.2018 on the file of Colachel Police Station, Kanyakumari District within a stipulated time that may be fixed by this Court.

2. The learned Government Advocate (criminal side) would submit that enquiry has been conducted against the complaint made by the petitioner but the vehicle has not been traced out, even though one year has passed. Therefore, a final report as 'undetected' was filed before the concerned Judicial Magistrate.

3. The learned counsel for the petitioner would submit that instead of filing a final report stating as 'undetected', issuing a non-traceable certificate would enable the petitioner to receive the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12370 of 2019 insurance claim.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) appearing for the respondents.

5. Upon considering the above said facts and circumstances, this Court directs the second respondent to issue non-traceable certificate to the petitioner within a period of two(02) weeks from the date of receipt of a copy of this order. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) sts To

1) The Superintendent of Police, Nagercoil, Kanyakumari District.

2) The Inspector of Police, Colachel Police Station, Kanyakumari District.

3) The Additional Public Prosecutor, Madurai Bench of Madras High Court.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-85531[F] dated 06/09/2019 ) Order made in Crl.O.P.(MD) No.12370 of 2019 Dated: 05.09.2019 JMN(26.09.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2