S P DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of Criminal Procedure Code for quashing the order of taking cognizance, dated 14-2-85 passed by Shri B. Mishra, Judicial Magistrate, 1st Class, Chas in the district of Dhanbad whereby he had taken cognizanCe of the offence under Sections 420, 427, 120B and 109 of the Indian Penal Code in the following circumstances.

(2.) The petitioner No.1 is a Senior Divisional Manager, National Insurance Company Bye Pass Road, Chas in the district of Dhanbad and petitioner No.2 was the then Assistant Manager of the same National Insurance Company. The Opposite-party No.2 had filed a complaint on 3-1-1985 in the Court of Judicial Magistrate, 1st Class, Chas, that an accident had taken place on 22-8-1983 in which the vehicle of the complainant bearing No. B.R.G.5419 (Tekkar) was badly damaged which was insured with the aforesaid National Insurance Company case of the complainant was that Shri G. K. Sharma was appointed Surveyor and the damaged Tekkar was brought to a particular Garrage for assessing the damage caused to that vehicle. The vehicle was brought to the City Auto Works to get the survey done by the aforesaid surveyor. The surveyor examined the vehicle and requested the complainant to meet him at his residence for preparation of estimated costs and ultimately the surveyor demanded Rs. 4,000 from the complainant for submission of the estimate. The complainant did not pay the illegal demand of the surveyor and he made a complainant to the petitioners who, it is alleged, had directed him to get the matters settled with the surveyor. It is therefore, alleged that the petitioners who were officers of the National Insurance Company connived with them and in their conspiracy, the surveyor had demanded illegal gratification.

(3.) On the aforesaid allegation, a complaint petition was filed and thereafter cognizance was taken as indicated above which is being challenged in this application.