High Court Kerala High Court

Dr.Sreekumar Menon.K vs Circle Inspector Of Police on 18 August, 2008

Kerala High Court
Dr.Sreekumar Menon.K vs Circle Inspector Of Police on 18 August, 2008
       

  

  

 
 
  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
                       ------------------------------------
                     W.P(C). No.19417 of 2008
                      -------------------------------------
              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/-