IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 19417 of 2008(J) -------------------------- PETITIONER: ------------ DR.SREEKUMAR MENON.K., MADAILIL HOUSE, CHEVAYOOR, KOZHIKODE. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM SMT.MABLE.C.KURIAN RESPONDENTS: ------------- 1. CIRCLE INSPECTOR OF POLICE, CHEVAYOOR POLICE STATION, CALICUT CITY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE NO.1, P.B.NO.533, WHITELINES, KALLAI ROAD, CALICUT 673002. BY GOVERNMENT PLEADER SRI.AMJAD ALI ADV. SRI.MATHEWS JACOB (SR.) FOR R2 SRI.P.JACOB MATHEW FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 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 ------------------------------------ W.P(C). No.19417 of 2008 ------------------------------------- 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/-