ICICI LOMBARD GENERALLNSUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant Criminal Revision is directed against the order impugned dated 13.09.2010 passed by Shri Gopal Pandey, Judicial Magistrate, 1st Class, Dhanbad in G.R. No. 737 of 2007 by which prayer, as made for the release of the seized Bolero vehicle bearing Chessis No. MAIXB82ACA42D34568, corresponding to Engine No. AC44C59967 was rejected.

(2.) The Petitioner claims to be the authorized attorney and special power of attorney holder on behalf of ICICI Lombard General Company Ltd., a company incorporated in the Companies Act, 1956 and insurance Company registered with Insurance Regulatory and Development Authority having its registered office at ICICI Tower, South Tower, Bandrakula Complex, Bandra East, Mumbai-31.

(3.) M/s Excel Crop. Care Ltd., F-124-125 Transport Nagar, Lucknow was the registered owner of Bolero vehicle bearing the aforesaid Chassis number and Engine number and the vehicle was registered being the Registration No. LLP. 32BB 7819 in the State of U.P. and it was insured with the Petitioner under policy No. 3001/1002784/00/000. The Bolero vehicle bearing registration No. U.P: 32BB 7819 was stolen to which one Anil Prakash lodged an F.I.R. giving rise to Aliganj P.S. Case No. 34 of 2005 for the alleged offence under Section 379 I.P.C. against unknown and after investigation a final report was submitted, which was accepted by the A.C.J.M. 1st, Lucknow on 14.06.2005 as such criminal liability could not be fastened upon any one for the alleged theft. Thereafter, the Opposite Party No. 2 M/s Excel Crop. Limited, F-124-125 i.e. the owner of the Bolero vehicle in question filed Claim Application before the Petitioner herein, which was accepted and a sum of Rs. 5,05,00.0/- (Five lakh five thousand) towards his claim was received by the owner of the vehicle i.e. O.P. No. 2 herein on his full and final satisfaction by executing indemnity-cum-declaration undertaking in favour of the Petitioner Insurance Company by extinguishing all his rights over the vehicle in question, if recovered in future and on the basis of such undertaking the vehicle in question which was recovered later on became the property of the insurance Company. The indemnity-cum-declaration undertaking dated 24.06.2005 executed by the owner of the vehicle i.e. the O.P. No. 2 herein has been annexed with the petition (Annexure-2). The Bolero vehicle was recovered on suspicious condition by the Bank More Police, Dhanbad to which a report was called for and the District Transport Office Koderma reported vide his memo No. 1138 dated 21.4.2006 that the registration number which was found on the Bolero vehicle was not issued by the D.T.O. Koderma on the basis of which Dhanbad (Bank More) P.S. Case No. 179 of 2007 was registered for the alleged offence under Sections 467/468/471/420/414 of the Indian Penal Code on 03.03.2007, corresponding to G.R. No. 737 of 2007 as fake registration number was put on the vehicle being the registration number JH12A9739. Upon recovery of the vehicle the Petitioner-Insurance Company fried an application for the release of the aforesaid Bolero vehicle in his favour which was rejected by the impugned order dated 13.09.2010 by Shri Gopal Pandey, Judicial Magistrate, 1st Class, Dhanbad.