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1985 Supreme(SC) 323

A.N.SEN, RANGANATH MISRA
State Through Central Bureau Of Investigation: State Through Central Bureau Of Investigation – Appellant
Versus
O. P. Dogra: K. K. Anand – Respondent


Advocates:
A.Subhashini, ARUN JAITLEY, G.D.GUPTA, HARBANS LAL BAJAJ, KAPIL SIBAL, M.KARANJAVALA, R.KARANJAWALA

JUDGMENT

RANGANATH MISRA, J.:— The first set of three appeals are by special 1eave and are directed against the common judgment of a Division Bench of the Jammu & Kashmir High Court in three separate criminal revisions. The respondents in those appeals were prosecuted for the offences punishable under sections 120B, 420, 468 and 471 of the Ranbir Penal Code and section 5(2) of the Jammu & Kashmir Prevention of Corruption Act in the Court of the Special Judge, Jammu. It was alleged that respondent Dogra was posted as. Assistant Divisional Manager of the Oriental Fire and General Insurance Co., Jammu. While working in such capacity he laid a false claim of Rs. 1,355/- against M/s. Jupiter Insurance Co., Jammu, with whom a car belonging to the Oriental Fire and General Insurance Co. had been insured. Dogra was using the said car in his official capacity and falsely maintained that it had met with an accident though as a fact no accident took place. The respondent Kohli, a surveyor, had been deputed to assess the damage and on account of criminal conspiracy amongst the accused persons, a false report was submitted. When suspicion arose, a fresh assessor was appointed and he reported th







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