ARJUN SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petition of the applicant filed under Section 439 of cr. P. C. is being decided by this order.

(2.) THE applicant has been arrested on 30. 3. 2007 in connection of Crime No. 783/06 registered at Police Station Garha for the offence under Section 420, 467, 468, 471 and 120-B r/w 34 of IPC.

(3.) AS per case of the prosecution the applicant being an advocate of Jabalpur practicing mainly in Motor Accident Claim cases with intention to have earn easy money advised the poor illiterate persons suffering from Gangrene or like other disease for preparation of their false claim cases under the Motor Vehicle Act while those persons were not the sufferers of vehicular accident. They have not only been advised by him but he also managed all affairs in this regard. In such connection, under conspiracy with the doctor such poor persons were admitted in the Suvidha Hospital, jabalpur where by carrying out surgery their concerning limbs were amputated and their medico legal reports stating that they sustained the injuries in vehicular accidents were prepared and by managing police officials of the P. S. Garha, Jabalpur the offences of vehicular accidents got registered at such police station. The number of alleged insured vehicle were also arranged and provided to the concerned complainant and also to police. He being planer of aforesaid scheme managed all the affairs through his junior advocates, police officials and doctors along with others. In implementation of such plan various forged medical reports and papers were prepared with intention to file the false claims under the Motor Vehicle Act and in this manner various claims on behalf of the concerned victims whose limbs were amputated, were filed by the applicant before the different Tribunals. On receiving the information regarding such offence in writing from unknown source the same was inquired by the police and later it being a cognizable offence the crime was registered. During investigation on collecting the evidence prima-facie alleged offence is revealed against the applicant and other persons through whom he implemented his aforesaid scheme. Initially charge sheet was submitted for some other accused but after arrest of the applicant by holding some supplementary investigation the charge sheet is also filed against the applicant. Now he is facing such trial.