IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19417 of 2008(J)
1. DR.SREEKUMAR MENON.K.,
... Petitioner
Vs
1. CIRCLE INSPECTOR OF POLICE,
... Respondent
2. THE MANAGER, UNITED INDIA INSURANCE
For Petitioner :SRI.JOSEPH SEBASTIAN PURAYIDAM
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice R.BASANT
Dated :18/08/2008
O R D E R
R.BASANT, J
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W.P(C). No.19417 of 2008
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Dated this the 18th day of August, 2008
J U D G M E N T
Petitioner is the defacto complainant in a crime registered
alleging the offence punishable under Section 379 I.P.C. The crux
of the allegations is that a car belonging to the petitioner was
thieved. The petitioner has come to this Court with a grievance
that the investigation is not being completed and final report is
not being filed by the investigator. This makes it impossible for
the petitioner to claim amounts from the insurance company
which has insured the vehicle against theft.
2. The learned Government Pleader after taking
instructions submits that the investigation is already completed
and the final report has already been filed. It has been reported
to the Court that the vehicle is not traceable. The vehicle has not
been recovered or seized. One accused has been identified. Final
report has been filed implicating him. But the vehicle could not be
recovered. All the other persons responsible for the theft have not
been identified also. In these circumstances it is for the
petitioner to get necessary documents from the court and apply
to his insurance company, submits the learned Government
Pleader.
W.P(C). No.19417 of 2008 2
3. The petitioner can now get copy of the final report from
the court or seek issue of appropriate certificates from the
Investigating Officer in accordance with law.
4. In as much as the investigation is complete and final
report is filed, no further direction appears to be necessary.
5. This Writ Petition is, in these circumstances, dismissed.
(R.BASANT, JUDGE)
rtr/-
W.P(C). No.19417 of 2008 3
R.BASANT, J
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W.P(C). No.19417 of 2008
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Dated this the 11th day of July, 2008
ORDER
The learned Government Pleader submits that the accused
has been arrested. From him the manner in which the thieved
vehicle has been disposed of has been ascertained and that
efforts are categorically in progress to trace the vehicle. The
learned Government Pleader prays for a month’s further time to
complete the investigation and file a statement. Time is granted
as prayed for.
2. Call on 18.08.08.
W.P(C). No.19417 of 2008 4
(R.BASANT, JUDGE)
rtr/-