RATAN CHANDRA GURIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner, Ratan Chandra Guria, by filing an application under Section 401 read with Section 482 of the Code of Criminal Procedure sought for quashing of the proceeding being G. R. Case No. 704 of 2001 arising out of Purulia Town Police Station Case No. 93/2001 dated 28.9.2001 under Sections 420 and 120B of the Indian Penal Code now pending before the Learned 3rd Court of Judicial Magistrate, Purulia.

(2.) The backdrop of the present case may briefly be stated as follows :- On 28.9.2001 the Opposite Party No. 2 filed a petition of complaint before the Learned Court of Chief Judicial Magistrate, Purulia, being Case No. 99/ 2001. Learned Court directed the Officec-in-Charge of the Purulia Police Station to investigate into the case after treating the said petition of complaint as F.I.R. under Section 156(3) of Criminal Procedure Code. The allegations made in the petition of complaint led the Police authority register a case under Sections 420/120B of Indian Penal Code. After completion of investigation Police authority submitted report wherein it was stated that M/s. New India Assurance Company Limited had duly issued a Mediclaim certificate in favour of the complainant after receiving the premium amount from M/s. Golden Trust Financial Services and had even received the claim but had not fulfilled the obligation. The investigation revealed that the petitioner and one, Kumud Bhattacharjee, committed the offence. It was alleged by the petitioner herein that the F.I.R. which led to the registration of the Purulia Town Police Station case No. 93/2001 was more in the nature of pressurising the concerned Insurance Company to submit to the claim of O.P. No. 2 though the said claim was not substantiated by relevant documents. This was previously done at a stage when the matter was pending for consideration before the learned District Consumer's Dispute Redressal Forum. It was alleged that criminal prosecution was started for a collateral purpose. The Investigating Authority without appreciating the matter in its proper perspective and relying upon the evidence of the witnesses, who do not seem to have any knowledge of the present controversy submitted charge-sheet in this case. It was further claimed that the Police report spelt out of offence as against M/s. New India Assurance Company Limited as it recorded that "it has amply been proved that New India Assurance Company Limited had duly issued the Mediclaim certificate in favour of the complainant after receiving the premium amount from Golden Trust and even received the claim submitted by the de facto complainant without fulfilling their obligation. The written objection of the two Company before the Ld. Forum conclusively proves about an unholy nexus between them so as to cheat the person with allurement."

(3.) It is alleged that the District Consumers' Dispute Redressal Forum, Purulia observed that the complainant being the second Opposite Party failed to substantiate the claim and submit documents as demanded. The complainant having failed to do so, it was within the competence of the concerned Insurance Company to refuse the claim. Such refusal could not amount to commission of any offence. There could be no question of any unholy alliance or nexus between M/s. New India Assurance Company Ltd. and M/s. Golden Trust Financial Services. It was further claimed that the charge-sheet and the various other materials and documents accompanying the same do not make out any offence punishable under Section 420 or Section 120B of Indian Penal Code.