Madras High Court
S.Babu vs The Superintendent Of Police on 30 November, 2021
W.P.No.38917 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM
W.P.No.38917 of 2016
&
W.M.P.No.25967 of 2017
S.Babu. ... Petitioner
Vs.
1.The Superintendent of Police,
Vellore District.
2.The State Represented by
Inspector of Police,
Tirupathur Town Police,
Vellore District.
3.The United India Insurance Company Limited,
No.24, Whites Road, Chennai -14.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus directing 2nd respondent
issue non-traceable certificate for petitioner bike is Hero Honda
Passion Pro bearing registration No.TN 23 BX 2459 with Chasis
No.MBLHA10EWAG018313, Engine No.HAIOEDAGD15657.
https://www.mhc.tn.gov.in/judis
Page 1 of 11
W.P.No.38917 of 2016
For Petitioner : Mr. I.Abrar Mohamed Abdullah
For Respondents 1 & 2: Mr. C.Jayaprakash
For Respondent 3 : Mr.P.Sankaranarayanan
ORDER
The relief sought for in the present Writ Petition is to direct
the 2nd respondent to issue non-traceable certificate for the
petitioner's bike Hero Honda Passion Pro bearing Registration No.
TN 23 BX 2459.
2. The petitioner states that on 26.02.2012 he took his two
wheeler, Hero Honda Passion Pro bearing Registration No.TN 23
BX 2459 to prayer meeting held in CSI Church at Tirupattur
between 9 a.m and 11 a.m. The petitioner would submit that after
the prayer, he found that his vehicle was missing. Thereafter, on
05.03.2012, the petitioner lodged a complaint before the 2nd
respondent, Police Station. The reason for delay in lodging the
complaint has not been stated in the affidavit filed in support of the
Writ Petition.
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W.P.No.38917 of 2016
3. However, the learned Government Advocate brought to
the notice of this Court that the vehicle belongs to the petitioner was
seized / confiscated on 10.07.2012 and the Police Authorities found
that the stolen vehicle's Chasis and Engine numbers were modified
by the accused persons. The complaint was registered in Crime
No.301 of 2012 and the final report was filed. Thereafter, Trial in
C.C.No.33 of 2013 was conducted.
4. A perusal of the Judgment of the Criminal Court reveals
that the prosecution could not able to establish the offence of theft
and also the vehicle which was seized from the accused person is
that of the petitioner. The petitioner also has clearly deposed before
the Criminal Court that the said vehicle is a different one and not
belongs to him. Considering the evidence available, the Criminal
Court acquitted the accused on benefit of doubt and also on the
ground that the prosecution has not established the offence of theft.
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W.P.No.38917 of 2016
5. Under these circumstances, the learned counsel for the
petitioner made a submission that the non-traceable certificate ought
to be issued to the Writ Petitioner enabling him to get proper relief
under the insurance claim or otherwise.
6. The respondent filed a counter stating that the accused
himself confess his involvement in this offence and based on his
confession statement and based on the investigation conducted in
this regard it was decided by the inquiry officer that vehicle seized in
this case belonged to the defacto complainant, who is the Writ
Petitioner. The accused who involved in the vehicle theft case
immediately alter the vehicle's physical condition by altering engine
number and chasis number, which results in difficulty in identifying
the theft vehicle. Thus, the 2nd respondent could not concede the
request of the petitioner for issue of non-traceable certificate in
respect of vehicle bearing registration no. TN 23 BX 2459.
7. This Court is of the considered opinion that an elaborate
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W.P.No.38917 of 2016
inquiry or adjudication cannot be done in this aspect in a writ
proceedings under Article 226 of the Constitution of India. No doubt
the petitioner / defacto complainant lodged a complaint after nine
days from the missing of his vehicle. Thereafter, a criminal case was
registered and the order of acquittal was passed against the accused
person.
8. The respondent Police made a submission that as soon
after commission of offence of theft by the accused persons they
immediately change the character of the vehicle by altering the
Engine Number and Chasis Number etc., and it would be very
difficult for the Police authorities to identify the stolen vehicle on
many occasions.
9. This Court is of the considered opinion that the accused
persons no doubt would adopt such procedure, i.e., altering the
character of the vehicles, for the purpose of escaping from the
criminal cases. However, the Police Authorities are bound to
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W.P.No.38917 of 2016
conduct further enquiry in this regard to identify the vehicle belongs
to the petitioner.
10. No doubt, sometimes it may not be possible to co-relate
the Engine Number and Chasis Number and under those
circumstances the Police Authorities are also helpless. In such
circumstances, practical and pragmatic approach is required. The
stand of the petitioner cannot be followed as he could not able to
identify his vehicle.
11. Under these circumstances, this Court is of the
considered opinion that the respondent, Police has to conduct further
enquiry to identify the vehicle belongs to the petitioner and if the
vehicle is not identified, then proper non-traceable certificate has to
be issued. The Criminal Court in its Judgment categorically held
that the offence of theft was not established and the petitioner also
has deposed that the vehicle produced before the Criminal Court was
some other vehicle and not belongs to him. This being the factum,
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W.P.No.38917 of 2016
the Police Authorities are bound to continue the investigation.
12. In paragraph no.11 of the counter affidavit, the
respondent Inspector of Police has clearly stated that the case has
ended with the order of acquittal and under the Code of Criminal
Procedures the investigating officer is not vested with any power to
issue the non-traceable certificate since the investigation is not
pending with crime No.301 of 2013.
13. It is further contended that in the event of granting
permission the deponent of the counter affidavit / Inspector of Police,
Thirupathur Town Police Station, Vellore, is willing and ready to get
report from the scientific expert after examination of the vehicle
bearing registration No.TN 23 BX 2459 (bearing chasis
no.No.MBLHA10EWAG018313 and Engine
No.HAIOEDAGD15657), in respect of whether any tampering of
engine and chasis numbers which was not admittedly carried out by
the investigating officer during the course of investigation in the
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W.P.No.38917 of 2016
aforesaid crime number.
14. In view of the fact that the Inspector of Police,
Thirupathur Town Police Station, Vellore is ready to conduct
scientific examination and get a report from the scientific expert this
court has to consider the said aspect also. Further reasons for the
delay of 9 days in lodging a Criminal complaint must be explained
by the petitioner to the respondents, enabling them to proceed
further.
15. Accordingly, the Inspector of Police / 2nd respondent is
directed to get a report from the scientific expert after examination
of the vehicle bearing registration No.TN 23 BX 2459 (bearing
chasis no.No.MBLHA10EWAG018313 and Engine
No.HAIOEDAGD15657) and take a final decision and consider the
claim of the petitioner. The said exercise is directed to be done as
expeditiously as possible.
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W.P.No.38917 of 2016
16. With these observations, this Writ Petition stands
disposed of. Consequently, connected Miscellaneous Petition is also
closed. No costs.
30.11.2021
shr/kan
Internet : Yes
Index : Yes / No
Speaking order / Nonspeaking order
To
1.The Supreintendent of Police,
Vellore District.
2.The State Represented by
Inspector of Police,
Tirupathur Town Police,
Vellore District.
Vellore District.
3.The United India Insurance Company Limited,
No.24, Whites Road, Chennai -14.
https://www.mhc.tn.gov.in/judis
W.P.No.38917 of 2016
S.M. SUBRAMANIAM, J.
shr/kan
https://www.mhc.tn.gov.in/judis
W.P.No.38917 of 2016
W.P.No.38917 of 2016
30.11.2021
https://www.mhc.tn.gov.in/judis
