CENTRAL BUREAU OF INVESTIGATION Vs. DILIP KUMAR LAHIRI

JUDGEMENT

(1.) Crr No. 2592 of 2005 and CRR No. 2593 of 2005 arise out the same order dated 27.4.2005 passed by the learned Judge, 3rd Special Court, Calcutta. Both the revisional applications are taken up together for disposal by this common judgment.

(2.) The aforesaid revisional application are at the instance of Central Bureau of Investigation, petitioner challenging the order dated 27.4.2005 passed in Special Case No. 8 of 2004 and Special Case No. 9 of 2004 both arise out of RCCWA2003A0004 dated 31.1.2003 by learned Judge, 3rd Special Court, Calcutta. The learned Judge has refused to take cognizance on the basis of the police report No. 15 and 16 dated 17.6.2004 and directed the Superintendence of Police, CBI/ SAB/Calcutta to cause further investigation by competent officer and submit report in final form afresh by 18.6.2005.

(3.) It is necessary for convenience to place brief fact of the case. The same is as follows : The case was started on the basis of a secret information received by CBI/ACB/Calcutta on 31.1.2003. It was alleged that Shri S. Dutta Gupta, Senior Divisional, Manager, Shri Prabir Banerjee, Assistant Manager, Shri N. K. Kundu, Administrative Officer, Shri D. K. Lahiri, Administrative Officer and Shri D. P. Ganguly, Administrative Officer all of National Insurance Company (in short NIC), Division-IX, Kolkata and some other unknown persons hatched up the criminal conspiracy during the year 1999-2000 to cheat NIC and thereby caused a loss to the tune of Rs. 672852 by passing bogus and fictitious motor vehicles claim. It was alleged that Shri D. K. Lahiri prepared bogus disbursement voucher No. 21564, 21884, 22123, 24288, 24078 and 22645 in respect of separate claims and in respect of all the said claims , the genuine policy holders had already submitted their claims and received payment. The accused persons prepared bogus disbursement vouchers and by abusing their official position prepared the signed cheques. The cheques were encashed by fictitious claims. By this fraudulent transactions accused persons defrauded and cheated National Insurance Company to the tune of Rs. 229672. It has been further alleged that 10 other bogus and fictitious claims were also prepared and a sum of Rs. 4,05,780 was defrauded. Thus, National Insurance Company, Division-IX, Kolkata sustained a loss of Rs. 6,35,452/-.