lavanya vasu (Advocate) 29 November 2014

Typhographical error in complaint given to police station

Hi I am Advocate from Chennai.

Facts:-

My client's vehicle was missing and he went and gave complaint to police station. It was Mahindra Bolero Pick up Load Van.( I Have attached my petition copy ). The person who stole the vehicle was son of police official and therefore the police officials did not take any action for nearly 5 months. No i am before High Court under 482 to register my complaint. First two days lordship was convinced with my case.

1st hearing Lordship directed to inspect the police station by legal service authorities- no records produced ith regard vehicle.

2nd hearing inspector comes- no records produced - gave FIR as Abadondnt vehicle- Lordship directed inspector to deliver possesion

Now vehicle is in my possession

3rd hearing inspecor comes and says R.CBook Number in complaint is different thats why not take any action

Last hearing to my shock the PP informed that the RC book number is wrong in my complaint before the court. It is due to oversight i did not verify.

Query:

Now My doubt is that,

1. It is possible to withdraw my petition and file fresh compliant so that the police officials can file FIR against the accused.

2. Give me any suggestion so that i can recover get compensation

Note;- My case is posted for hearing on Wednesday ( 3.11.2014).Kindly help me lawyers. This is my first criminal case.

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2 Replies

ROHIT SHARMA (Legal Advisor ) 29 November 2014

1. Since the vehicle is now returned and is in possession of your client, then the deposition of the P.I. that the complaint contained wrong R.C. number but on production of the original R.C. Book the police being convinced have released the vehicle.

2. The police says that the vehicle was found abandoned and hence no accused could be named. This contention is o.k. You need not insist that the accused that you have named should be apprehended and a F.I.R. recorded. The need for seeking compensation is over fetched and hence not warranted as of now.

3. You can pray to the court to dispose the petition as the matter is settled but not ask for withdrawal of the petition.

lavanya vasu (Advocate) 30 November 2014

Originally posted by : ROHIT SHARMA
	1. Since the vehicle is now returned and is in possession of your client, then the deposition of the P.I. that the complaint contained wrong R.C. number but on production of the original R.C. Book the police being convinced have released the vehicle. 2. The police says that the vehicle was found abandoned and hence no accused could be named. This contention is o.k. You need not insist that the accused that you have named should be apprehended and a F.I.R. recorded. The need for seeking compensation is over fetched and hence not warranted as of now. 3. You can pray to the court to dispose the petition as the matter is settled but not ask for withdrawal of the petition.

Thanks for your kind reply sir.

But I want the court to register the complaint. The Person who has stolen the vehicle is roaming around as if he has not done anything. This poor man who has lost his vehicle is now suffering. The police officials cannot take shelter under my mistake. As per their contention they filed FIR as abandoned vehicle, then why he has not produced the vehicle before court..All the records were created subsequently. Only if the FIR is registered I can claim insurance and get compensation from the accused. The FIR which says the vehicle is abandoned is not true.

So, now to register the complaint against the accused, how to convince the Judge?? Any Points?? Any ADVICE SIR??

Can i ask the Judge to permit me to rectify my complaint and file fresh complaint. Giving back my vehicle that too after 8 months will not be a appropriate remedy for my client. I want to do something more.. Please Give me any advice to convince the Judge ...