IMPORTANT POINT
Fake claim petitions must be eliminated by all possible means.

ORDER :

1. The issue is with respect to filing of fake claim petitions for getting compensation under the Motor Vehicles Act as well as under the Workmen Compensation Act.

2. Pursuant to our earlier order dated 05.10.2021, the Special Investigating Team (SIT) has filed a Status Report with respect to complaints filed/enquiry completed, the names of the accused, where the criminal complaints are filed and in which criminal cases the charge sheets have been filed. A separate sheet containing the names of advocates against whom the prima facie cases of cognizable offences have been found, is also filed in a separate sealed cover. It is stated in the Status Report that total 1376 cases of suspicious claims from various Districts in the State of U.P. have been received so far by the SIT. That the year-wise detail of 1376 cases received in various years thereof is as under:

3. It is reported that out of total 1376 cases of suspicious claims received by the SIT, after completing enquiry of 247 cases of suspicious claims till date, total 198 accused persons have been prima facie found guilty of cognizable offence and accordingly total 92 criminal cases have been registered in various districts. It is stated in the Status Report that against some of the accused persons, more than 1 criminal cases have been registered. It is stated that enquiry of remaining cases of suspicious claims is underway.

3.1 It is further stated that out of total criminal cases registered so far, investigation of 36 criminal cases have been completed and charge sheets against accused persons have been filed in 32 criminal cases and final reports in 4 criminal cases have been forwarded to the concerned Criminal Court.

3.2 It is further stated that total 92 criminal cases in various Districts have been registered till date, of which, 28 advocates have been named as accused persons in 55 cases. Charge sheets against 11 advocates in 25 cases have been forwarded to the concerned trial Court till date.

3.3 It is further stated in the Status Report that Headquarter of the SIT is situated in Lucknow. Officers/employees have to go in the districts of the entire State and sometimes have to go in other States outside the State of Uttar Pradesh for conducting enquiry/investigation proceedings as and when so warranted. It is stated that due to the outbreak of Covid-19, there was a lockdown and termination of transportation services in the State and even some of the officers/employees have been got infected, enquiry/investigation process was adversely affected. It is stated that on getting the situation normal after completion of lockdown of Corona period, full attempts are being made to start this enquiry/investigation process speedily.

3.4 Learned counsel appearing on behalf of the SIT has also submitted that as the respective insurance companies are not ready to being complainants in the FIR, the investigating officer of the SIT has to become the complainant and therefore also it takes some time. It is reported that the investigating officer is also present in the Court.

4. We impress upon the investigating officer of the SIT to expedite the enquiry/investigation with respect to complaints already received from various insurance companies with respect to suspicious fake claims. We also call upon the SIT to file a further affidavit pointing out in how many cases the charge sheets have been filed; when the charge sheets have been filed (the date of filing of the charge sheets), in which Courts the charge sheets have been filed and in how many cases the charges have been framed by the concerned Magisterial Court.

5. A response affidavit has been filed on behalf of the Bar