Burglary
Joy Vadakkan
(Querist) 06 March 2013
This query is : Resolved
Recently one of the Apartment was burgled when the owner was away. The Secretary of the Apt.Assocn reported to Police. the Police could nab the thief with finger prints. The Police reported that he was produced before the Magistrate and sent to jail/custody. The inspector told case closed.On further contacting the Police they told owner has to file a petition for getting the articles they could seize from the thief. Only 10% value of the lost articles could able to be recovered from the culprit (as the cash was reportedly spent away by the culprit). Query (1). Can the owner, a Sr.Citizen propose not to proceed further for restitution of articles which is not of much important cost wise. He chose the option in view of the fact at old age he does not want frequent PS and court. it is time consuming and waste of valuable court time. The Sr.Citizen may has to absent for going out of town. Q(2) What if the Owner does not file petition . Q(3). If the police satisfied by the ownership of
article can hand over the same to the owner and get his due receipt for the same.
Devajyoti Barman
(Expert) 06 March 2013
If the complainant is not happy with the proceeding of investigation, he can always seek interference of the Magistrate.
If the Police files final report to close the case, then also the complainant challenges it.
I do not think that you should personally seek to close the case. In any case you are not incurring any expenses if the case proceeds further.
prabhakar singh
(Expert) 06 March 2013
Yes ! I agree with Mr.Barman.
And answer to your this part of query that Police say if articles wanted a petition is to be filed IS IN AFFIRMATIVE AS POLICE IS RIGHT IN IT"S SAYING.
Raj Kumar Makkad
(Expert) 06 March 2013
This is a criminal case and even if 10% of the theft items have been recovered from the accused person even then the criminal case cannot be closed by police. Once recovery has been effected then such accused cannot be released by police at its own mercy. You need to pray court by way of an application to direct the police to hand over the enquiry to senior police officer and recover the balance items.
Poonam Singhi
(Expert) 06 March 2013
Nothing more to add. The experts have replied aptly.
