Allowed

V.Deva harin sam v. The Superintendent of police

Madras HC5 Sept 2019CRL OP(MD)/12370/2019

Case brief

AI extract

What is this about?

In this miscellaneous criminal petition, the petitioner challenged the second respondent's filing of a final report as 'undetected' regarding a traced vehicle. The Court observed that a non-traceable certificate would better enable the petitioner to claim insurance and directed the police to issue such a certificate within two weeks.

What did the court decide?

Directed the second respondent to issue a non-traceable certificate to the petitioner within two weeks.

V.Deva harin sam Vs The Superintendent of police — Madras HC (2019) — LawSathi Research

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

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.09.2019

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CORAM:

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THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN

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

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V.Deva Harin Sam

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.. Petitioner/ Complainant

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

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The Inspector of Police, Colachel Police Station, Kanyakumari District. (Crime No.101 of 2018) .. Respondents

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Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2^nd 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.

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

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O R D E R

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This Criminal Original petition has been filed to direct the 2^nd 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.

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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.

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

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

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insurance claim.

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

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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.

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Sd/-

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Assistant Registrar (P&A) // True Copy //

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Sub Assistant Registrar(CS)

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sts

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The Superintendent of Police, Nagercoil, Kanyakumari District.

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

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1. The Additional Public Prosecutor,

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Madurai Bench of Madras High Court.

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+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-85531[F] dated 06/09/2019 )

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Order made in Crl.O.P.(MD) No.12370 of 2019 Dated: 05.09.2019

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JMN(26.09.2019) 2P : 5C

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

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V.Deva harin sam v. The Superintendent of police

Case brief

What is this about?

What did the court decide?

V.Deva harin sam v. The Superintendent of police

Case brief

What is this about?

What did the court decide?

What the court decided

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