UMESH CHAND Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, who was at the relevant time Branch Manager of National Insurance Company Ltd., Nawadah Branch, Nawadah, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 11.6.2000 passed by the Chief Judicial Magistrate, Nawadah in Kawakole (Rupau) PS Case No. 40 of 1999, GR No. 641 of 1999. By the said order, the learned Chief Judicial Magistrate has taken cognizance of offence under Sections 409, 419, 420, 467, 468 and 469 of the Indian Penal Code.

(2.) Short fact of the case is that on the basis of written complaint of one Assistant Project Officer, Nawadah, an FIR vide Kawakole (Rupau) PS Case No. 40 of 1999 was registered against the Branch Manager, National Insurance Company Ltd., Rajendra Nagar, Nawadah for the offence under Sections 409, 419, 420, 467, 468 and 469 of the Indian Penal Code. It was disclosed in the first information report (hereinafter referred to as the FIR) that in the year 1997-98 pigs and she goats were purchased by Magadh Gramin Bank for its distribution among the persons belonging to below the poverty line. At the time of distribution, these catties were insured for total sum of Rs. 7,79,130/- on the basis of three policies of different amounts with the National Insurance Company for one year and tag were fixed and thereafter, catties were distributed amongst the beneficiaries by the concerned authority. From the FIR, it is evident that period of insurance was from the month of March, 1997 to March 1998. As per FIR irt the month of May, 1997 itself due to epidemic, most of the catties died. It was alleged that the Insurance Company got the tags collected in respect of catties and on blank paper also signature were obtained from the beneficiaries. Despite best effort by the authorities, the insurance amount was never paid to the beneficiaries and the Officer Incharge was requested by the informant to institute an FIR as to why even after death of the cattle, the Insurance Company was not paying the claim amount. After registering the FIR, police investigated the case. After investigation, on 30.3.2000, police submitted charge-sheet against the petitioner since he was Branch Manager of the Insurance Company. After submission of the charge sheet, the learned Magistrate, by the impugned order i.e. order dated 11.6.2000, took cognizance of the offences as mentioned hereinabove.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by filing the present petition, which was admitted on 5.12.2001. While admitting the case, this Court directed that during the pendency of this application, further proceedings in the Court below shall remain stayed and order of stay is still continuing.