MANJUNATH Vs. N S NAGARATHNA

JUDGEMENT

(1.) BEING aggrieved by the order dt. 18-7-96 directing to issue process to the petitioner for the offence punishable under Section 193, I. P. C. in P. C. R. No. 52/96 (C. C. No. 613/96) the petitioner filed this petition.

(2.) HEARD.

(3.) THE learned counsel for the petitioner at the very outset submitted that there is a bar to take cognizance of the offence alleged against this petitioner under Section 195 (1) (b) (i), Cr. P. C. To appreciate the argument it is necessary to succinctly put the facts of the case which are : That the petitioner is running a private nursing home in Tiptur. One Smt. Mahalakshmi approached this petitioner for treatment due to some ailment. It appears that the petitioner has diagnosed it to be cancer and adviced her to go to Kidwai Hospital at Bangalore. After several days the said Mahalakshmi died. It is alleged that she had 2 LIC policies wherein the respondent was nominated. After her death when the respondent approached the LIC they declined to satisfy the amount due under those policies on the ground that the policy holder obtained policies by suppressing certain material particulars specially the disease with which she was suffering. As the amount was denied, the respondent approached the Dist. Consumer Redressal Forum, Tumkur, which was regd. as DCFT 284/95, against the LIC of India. The matter is still pending in the District Forum. Before the matter was concluded, she approached the Criminal Court under Sec. 200, Cr. P. C.