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Mallikarjun G. (sse)     23 November 2009

Actions needed on loosing the bike

Dear Sir,

I lost my bike parked in front of my residence on Saturday evening. I reported the same to police station. They neither registering the compliant nor noting the FIR. After visiting the police station thrice, they asked me to write on a plain paper about my bike details and they signed on that paper and gave a copy to me with signed and stamped. They told this will be the reference to be produced; if at all the bike is misused.

Now my friends and neighbors are telling me to get the FIR. The police are saying it is not required.
Could you please help me with the information so that I can decide on following?
a) Should I get the FIR or not?
b) How to get it?

Please help me with the valuable information.
 

What are all the actions I should take for not to get affected if at all the misuse of bike happens? Also how to delete my name registered on this bike from R.T.O records so that I can cut my relation with the bike?



Learning

 9 Replies

A V Vishal (Advocate)     23 November 2009

Generally in such theft cases, the police receives the complaint and gives an acknowledgement but does not files a FIR, the standard procedure is to investigate the matter and then issue a FIR to the complainant but because of official apathy the sub-ordinate officers try to woo the complainant not to insist on FIR. In case the S.I is refusing to register the case approach the SHO and in case he too does not co-operates then approach the ACP and still no action comes forward then approach the commissioner.

Regarding the last part of your query, you cannot stop the thief from misusing the vehicle, however, I suggest you give a public notice informing the theft of the vehicle and at the same time inform the local RTO with all the details of the vehicle such as Engine and Chasis Nos' Make & Model, etc... However, I doubt whether the Insurance Company will accept your claim without the FIR.

1 Like

Jatin Sapra (Lawyer)     23 November 2009

Hello,

 Mr.Mallikarjun G.

Mr. Vishal has suggested u absolutely right procedure but i am sure for u it will be very strange.

Practically u just give details of ur bike to the Police station in a written complaint as mentioned by you and copy be given to the commissioner either directly of u can do it through post and after 4-5 days if no action has been taken by the police you can file complaint /application under section 156(3) Cr.P. C. for registration of FIR in the court through an Advocate .

1 Like

Mallikarjun G. (sse)     23 November 2009

Hello Mr. Vishal,

Thank you for your valuable information. I have 3rd party insurance so I can not claim. Now whatever I wrote on the paper and got it signed and stamped at police station, should I consider it as a compliant registration? Or is there any more I need to do? They retained the original copy and they gave me a xerox copy of what I wrote with sign and stamped. Will this be enough as part of compliant registration? Also in that paper I am asked to write following sentences

a) "NO criminal case is to be registered as I am not eligible for insurance claims"

b) "If you find the bike please return it to me"

If you consider this as a compliant registration, is it ok if I go after a week to police station to find out the status and about the FIR? Or as I wrote point (a), do they tell me that they will not give FIR?

Also it would be great if you could suggest me with public notice procedure like wordings, news paper etc...

Regards,

Mallikarjun G.

 

Mallikarjun G. (sse)     23 November 2009

Hello Mr. Jatin,

Thank you for the valuable information. Can I post a copy of what I got from police station to commissioner office? What is the address?

Regards,

Mallikarjun G.

A V Vishal (Advocate)     23 November 2009

The police cannot dictate use of such words that  "NO criminal case is to be registered as I am not eligible for insurance claims", I think its height of policing, it only reitrates what I said that they are apathetic to public grievances, as suggested earlier approach the higher authorities for action.

1 Like

Feroz M Shafeeque (Police Officer)     23 November 2009

Without an FIR you cannot claim the bike even if it is recovered later. Police is trying to fool you and the copy of complaint they signed have no value. But you can use it to complain against them to superior officials.

 

You can give the same complaint to the police station itself and insist for a receipt in prescribed form with signature and stamp of SHO. Also demand for the copy of FIR.

 

If this does not succeed approach Supdt. of Police/ Commissioner of Police of the police district for registration of FIR.

 

 

deepali (financial analyst)     26 July 2012

dear sir,

i have lost my bike and for the same i have visited police station but they are not filing the FIR , reason being it was parked in a non-parking area, and it was nt insured.

please guide me, regarding wat procedure to be followed  for filing a FIR, and what other formalities are required to b made??

thanks in advance

deepali (financial analyst)     26 July 2012

dear sir,

i have lost my bike and for the same i have visited police station but they are not filing the FIR , reason being it was parked in a non-parking area, and it was nt insured.

please guide me, regarding wat procedure to be followed  for filing a FIR, and what other formalities are required to b made??

thanks in advance

deepali (financial analyst)     26 July 2012

pls need urgent reply, i have read this whole thread bt i am confused cos in my case bike wasnt insured and second thing it was nt parked in a parkin area.and i was refused by SHO for filing the FIR, and he has given me a paper in which he made me to write the detalis of my bike  and the same has been  signed n stamped by him. bt i want to register a FIR. pls reply at the earliest.


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