ALOK MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner accused Alok Meena preferred this misc. under Section 482 Cr.P.C., 1973 for quashing the impugned FIR No. 378/2016 registered at Police Station Jyoti Nagar, Jaipur for offences punishable under Sections 420, 167 and 193 IPC.

(2.) The brief facts of the case are that on 19.12.2016, respondent No. 4 complainant Shri Gopal Krishna Sharma submitted a written report before SHO, Police Station, Jyoti Nagar, Jaipur interalia alleging that on 17.04.2016 at 8 a.m. the aforesaid complainant along with one Hitendra Kumar went to Nehru Garden where they parked their motor cycle at parking place and went in the garden. On return their motor cycle was found damaged by some unknown vehicle. They shifted their motor cycle to Morani Motors workshop where workshop's people informed that motorcycle has completely damaged, it cannot be repaired. It was alleged that the complainant had taken package police from M/s New India Assurance Co. Ltd. and the insurance Company was liable to pay compensation for damaged vehicle, therefore, complainant submitted his claim application on 29.04.2016 in the office of New India Assurance Co. Ltd. at Nehru Place, Tonk Road, Jaipur where he met with petitioner Shri Alok Meena, Administrative Officer who checked the claim form of complainant and informed to complainant that valuation of the damaged vehicle would be obtained from Surveyor and as per loss caused, the compensation would be paid and at the time of payment of compensation he would have to show the Registration Certificate of the vehicle and would have to submit one cancelled cheque for depositing the amount directly in bank account. It was assured that all formalities would be completed within 30 days. Rajesh Gupta Surveyor was appointed on 29.04.2016 and on 30.04.2016 he submitted in his report that he assessed the loss in the tune of Rs. 44,703/-. Required cancelled cheque was also handed over to Insurance Company. When the claim amount was not deposited in the account of complainant, then complainant met with petitioner accused Alok Meena and asked for early payment where petitioner accused told him that he was busy in RAS Examination and steps for making payment will be taken after one month. When repeated requests were made for early payment, petitioner Alok Meena became annoyed and started talking in high tone and thereafter petitioner Shri Alok Meena entered into criminal conspiracy with co-accused and appointed his yes man Shri Mukesh Pareek as Investigator who was claiming himself as Chief Investigator, General Insurance Claim Cases. After entering into criminal conspiracy with Mukesh Pareek on instructions of petitioner, Mukesh Pareek prepared false report without recording statements of eye-witnesses and without preparing site-plan and on the basis of his false report the claim of claimant was rejected.

(3.) On the basis of report, police registered impugned FIR No. 378/2016 for offence punishable under Sections 420, 167 and 193 IPC and investigation commenced. Matter is under investigation.