G. Balagangadharan Nair, President Complainant's son-in-law is the registered owner of a 1985 bus KRC 7335. It is insured with opposite party No.2 from 16.8.1988 against theft etc. As the owner is away in the Gulf country, the complainant is looking after the bus on the strength of a power of aLtorney. The bus was running on the route Payyannur-Kariappally. On the night of 15.8.1988 V.V. Jayakrishnan, Benoy and others stole the bus from the custody of the workers. The complainant to whom the matter was reported lodged a first information statement before the Payyannur Police Station. As the thieves were influential people was the police rather inactive. The complainant therefore filed a private complaint. This was forwarded to the Police under section 156(3) Cr. P.C. The Police thereafter took the bus into custody from the possession of the 2nd accused on 2.10.1988. The bus was in a dilapidated condition with only two tyres and certain other parts. The Police, nevertheless, referred the case under the influence of the accused. The complainant therefore filed a private complaint, CC. 402/89. As insurance policy covered theft, the complainant filed a petition before the Insuranc