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2016 Supreme(Pat) 95
IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHWANI KUMAR SINGH, J.
Bipin Kumar Singh & Anr. - Petitioners
Versus
State of Bihar & Ors. - Respondents
Criminal Writ Jurisdiction Case No.413 of 2015
Decided on : 21-01-2016
For the Petitioners:Mr. N.K.Agrawal, Sr. Advocate, Mr. Saket Tiwary, Advocate
For the State : Mr. Ratnakar Ambastha, A.C. to G.P.-13
For the Complainant :Mr. Anshul Raj, Advocate
Headnote:
(A) Criminal Procedure Code, 1973 – Section 156(3) – Direction for Police investigation – There has to be prior application under Section 154 (1) and 154 (3), Cr. P.C. while filing petition under Section 156 (3) of Cr.P.C. and both these aspects must be clearly spelt out in application and necessary documents to that effect must be filed – Magistrate has to apply his judicial mind at the time of exercise of power under Section 156(3) and only a principled and really grieved citizen with clean hands should be allowed to invoke such power. (Paras 21 and 23)
(B) Indian Penal Code, 1860 – Sections 406, 420, 506, 504 and 120-B – Criminal breach of trust, cheating, criminal intimidation and conspiracy – Alleged demand of bribe money for settlement of insurance claim – Civil dispute has been given a colour of criminal case by mere ornamentation – Even if allegation is found to be true same would amount to deficiency in service which can be redressed either by approaching Consumer Forum or Civil Court – FIR quashed. (Paras 26, 31, 33 and 34)
By way of the present application preferred under Articles 226 and 227 of the Constitution of India, the petitioners seek quashing of the first information report (for short “FIR”) of Kotwali P.S. Case No.742 of 2014 registered under Sections 406, 420, 506, 504 and 120B of the Indian Penal Code.
2. The facts of the case in brief are that respondent no.4 Sanjay Kumar (hereinafter referred to as “the complainant”) had filed Complaint Case No.28782 of 2014 in the court of the Chief Judicial Magistrate(for short “CJM”), Patna which was sent for investigation under Section 156(3) of the Code of Criminal Procedure (for short “CrPC”) to the Kotwali Police Station vide order dated 14.11.2014 and, accordingly, upon receipt of a copy of the complaint, a formal FIR was registered on 07.12.2014.
3. It has been alleged in the complaint petition that on being persuaded by one Samir Kumar, an agent of HDFC ERGO Insurance Company Limited (for short “the Company”), the complainant got his car insured with the Company on the payment of premium of Rs.12,150/- for a period commencing from 24.09.2013 to 23.09.2014. On 13.07.2014, the car of the complainant got damaged in an accident about which the complainant intimated to the Company and an SMS was also sent in this regard to the Company. Thereafter, the complainant took his car to the workshop, namely, N. Cars (for short “the firm”) situated at Rajendra Nagar, Patna for repair. After inspecting the damage done to the car, the firm intimated in writing that an estimated amount of Rs.43,134/- is required for its repair. The complainant sent a copy of the same to the company pursuant to which a Surveyor of the Company, namely, Shiv Shankar Singh Suman inspected the vehicle and demanded Rs. 15,000/- as bribe in lieu of submitting the survey report. On protest made by the complainant, the said Surveyor told the complainant that he will act in a manner that the vehicle would be put to scrap. He also told him that part of the amount being demanded by him is also paid to the Branch Manager and the Circle Head of the Company. Thereafter, the complainant visited the office of the Company at Patna and intimated the accused persons about the hardships being faced by him, but they did not take any action. On 11.08.2014, he sent his written complaint to the office situated at Patna through registered post, but the accused persons refused to receive the same. On the basis of the aforesaid allegations, it has been alleged that the accused persons in conspiracy with each other induced the complainant to purchase an insurance policy in the name of providing insurance cover against loss or damage to the car of the complainant, but after purchase of the insurance policy, when the car got damaged in an accident, they demanded Rs.15,000/- in lieu of settling the estimated claim of Rs.43,134/- for repairing of the car.
4. It is further alleged in the complaint petition that on 29.08.2014, when the complainant visited the office of the Company, one Anuj Kumar, Circle Head and Shiv Shankar Singh Suman, Surveyor of the Company threatened him with dire consequences in case the complainant would visit the office again.
5. In the complaint petition, the Company, in question, its C.E.O.- cum-Managing Director, unknown Directors, the Branch Manager Abhisek Chatterjee, the Circle Head Anuj Kumar, the Manager Claims Deepankar Ghosh, the Assistant Vice President Bipin Singh and the Surveyor Shiv Shankar Singh Suman were made accused.
6. On the basis of the aforesaid complaint, Complaint Case No.28782(C) of 2014 was registered on 30th August, 2014. On 14.11.2014, an application was filed by the complainant praying therein to send the complaint to the police for investigation pursuant to which on the same day the learned CJM, Patna referred the said complaint filed under Section 200 of the CrPC to the Officer-in-Charge of the Kotwali Police Station for investigation under Section 156(3) CrPC. Accordingly, Kotwali P.S. Ca
