GAUR SARKAR ALIAS GOD SARKAR Vs. STATE

JUDGEMENT

(1.) ALL these cases are taken up together as these petitions have been filed by the different accused persons in respect of the Complaint case No. 286/99 (T.R. No. 1256/99) wherein the S.D. J.M. Patna City has taken cognizance against all the accused persons, namely, the petitioners under Sections 420/406/34 of the Indian Penal Code on the complaint being made by the Opposite party No. 2 in all the cases, namely, Dr. Bhavesh Chandra Jha. The allegation of the complainant was that a proposal was taken from the petitioner on being induced by the senior Officials of the M/s. Oriental Insurance Company Ltd. who are the petitioners in these cases for entering into a medi -claim scheme of the said Insurance Company. The proposal was given by the complainant and then on being satisfied, the Insurance Co. issued medi -claim Insurance policy in favour of the complainant.

(2.) THEN the complainant went to Apollo Hospital for a surgical operation and after being released from the Hospital when he made a claim about the expenses in the Apollo Hospital at Madras the claim of the claimant was refused on the ground that while giving the proposal the complainant had not made proper declaration rather it could be understood and found on enquiry that the complainant was hospitalised in the year 1991 at the Apollo Hospital for some disease but in the declaration form that has not been disclosed. On such plea the claim has not been given to the complainant. As per the complaint petition the petitioners and the officials of the said Insurance Company practically induced the complainant to take the insurance on such scheme and on assurance being given by them he had entered into the same and now with false and frivolous plea the claims are being denied and by that way the official of the Insurance Company has cheated the complainant and had also embezzled with the premium amount deposited by the complainant time to time against such medi -claim. On the basis of the complaint petition and the enquiry being made under Section 202, Cr PC cognizance has been taken against all the petitioners and a long order has been passed on 10.12.1999 by the learned S.D.J.M., Patna City while taking cognizance. On the factual aspect whatever has been observed by the learned Court below in taking cognizance I do not find that any illegality or jurisdictional error is there but one point is there which has not been considered by the learned S.D.J.M. Patna City fotaking cognizance. After the nationalisation of the Insurance Company under the policy decision as contemplated under the General Insurance Business (Nationalization) Act, 1972 under Section 31 it was held that every officer or other employee of the Corporation or of an acquiring company shall be deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code. Before such nationalization also under the Insurance Act itself of 1938 under Section 107 -A every whole time Chairman, whole time Director, Auditor, Liquidator, Manager and any other employee of an insurer shall be deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code. 4. It is not challenged or doubted that all the petitioners are having responsible posts in the Oriental Insurance Company and as per Insurance Act and the Nationalization Act itself they are construed to be the public servant and when any action has been taken in discharge of their official duties then for any offence being committed as alleged sanction is required under Section 197, Cr PC but admittedly no sanction has been taken and, as such, the cognizance taken having lack of sanction is bad and without jurisdiction and hence all the petition are hereby allowed and the order taking cognizance vis -a -vis entire criminal proceeding is hereby quashed.