final report by the police officer
rajendran
(Querist) 28 October 2010
This query is : Resolved
A lodged a complaint regarding his twowheeler theft before the concern Police station. On receipt of the complaint FIR was registered. A filed cliam Petition before the Insurance company. Insurance company directed A to furnish the Final report given by the Police. But the concern Police officer not to take any steps. What are the remedies to A? Whether A can file a Petition before the concern Jurisdiction Magistarate under section 173(8) of Cr.P.C directing the Police officer to file the final report? Is there any other provision available? Related judgements Please sir.
Ajay Bansal
(Expert) 28 October 2010
CALL THE INVESTIGATING OFFICER OF POLICE AS A WITNESS ALONGWITH PROGRESS REPORT OF F.I.R IN M.A.C.T. CASE.
SAANJAAY GUPTAA
(Expert) 28 October 2010
court can not direct investigating officer to file final report or take part in the investigation. Better to wait for the police to file final report or do as suggested by Mr.Ajay.
Devajyoti Barman
(Expert) 28 October 2010
The complainant can ask for submitting the Final Report but surely he could pray before the Magistrate for a direction upon the IO to submit the Police Report u/s 173 crpc as soon as possible.
rajendran
(Querist) 28 October 2010
Thanks to the Senior Counsel Thiru Devajyoti Barman. Is there any relevant case law for the same. Please
rajendran
(Querist) 28 October 2010
Thanks to the senior Counsel Ajay Bansal. What are the procedure to call the IO court in two wheeler theft case?
niranjan
(Expert) 28 October 2010
As per the query only FIR is lodged,so no further steps have been taken by the police involving court in the matter.
Devajyoti Barman
(Expert) 28 October 2010
Yes a citation is there. Get in touch with me later.
s.subramanian
(Expert) 29 October 2010
I fully support the view of Mr.Gopal soni.
Advocate. Arunagiri
(Expert) 29 October 2010
The defacto complainant can not file a petition before the magistrate seeking speedy investigation / final report. The magistrate has no powers to direct the police to complete the investigation within a time frame.
For the purpose of insurance claim, the FIR copy is enough. The final report is not at all necessary. Many insurance companies do not insist FIR copy at all, they insist for a complaint receipt from the police either acknowledgment or DSR copy.
rajendran
(Querist) 31 October 2010
Thanks to the Senior Counsel Sri Arunagiri. In Madurai district the Insurance companies are insisted the claiment to obtain the final report from the court. Otherwise they do not processed the claim Petition. So that I arised the quiry. My questions whether the defacto complainant file petition before the magistrate under section 173(8) of Cr.P.C.? otherwise what are the remedies available for the defacto complainant.
rajendran
(Querist) 31 October 2010
Thanks to the Senior Counsel Sri Arunagiri. In Madurai district the Insurance companies are insisted the claiment to obtain the final report from the court. Otherwise they do not processed the claim Petition. So that I arised the quiry. My questions whether the defacto complainant file petition before the magistrate under section 173(8) of Cr.P.C.? otherwise what are the remedies available for the defacto complainant.
Govardhanan
(Expert) 04 November 2010
Dear Mr.Rajendran,
since you are in Madurai, you can file a criminal original petition under section 482 Cr.p.c before hon'ble madurai bench of madras high court to direct the investigating officer to file final report within a stipulsted time. hon'ble high court gives such direction.
Advocate. Arunagiri
(Expert) 06 November 2010
I have claimed fire insurance just with a FIR copy. The filing of FIR is only a formality. The final report is not at all necessary. The insurance company can not wait for the final report. Issue notice to them. Even after the notice if there is no response your choice is to go to consumer forum or insurance ombudsman.
