Legal Question in Criminal Law in India

Dear Sir

I am currently facing a problem.My car was recently stolen .The incident so happened that I am in automobile trade .During my visit to a dealership last month for official work I didn't find parking space to park my car .As there was no parking place nearby I approached the security guard at the dealer workshop to help parking my car .However the person didn't budge.In the meantime a person who was standing inside the dealership gate approached me as service advisor of the dealership to park the car safely.On asking his name he mentioned his name as xyz .Further I enquired about GM about whom he mentioned that he was in different place .He even offered free services which I didn't agree to .I then handed over the keys to the person to park the car inside dealership and took out my laptop from the car.I then stepped a side and walked a few metres to call up the GM and enquired about to which his response was similar to the person .I was finally convinced and relaxed .However after ending the call I looked back to check if the car was parked properly and to my shock i found the car being driven away.i then raised an alarm and lodged complaint over helpline to police.the police arrived after 15 mintues and took my complaint.the same day police lodged FIR u/s 406 instead of lodging it as a theft case.

The insurance company has too rejected my claim saying that as per FIR sectn 406 the case is not covered under Insurance.

What do I do now and convince the Police and Insurance company that it is a theft case .

Kindly advice

1 Answer from Attorneys

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