Umesh Chandra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72093 of 2019 Arising Out of PS. Case No.-185 Year-2019 Thana- CHHATAUNI District- East Champaran ====================================================== Umesh Chandra Tiwari ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhimanyu Vatsa, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-04-2023 Heard Mr. Abhimanyu Vatsa, learned counsel appearing on behalf of the petitioner and Mr. Bal Mukund Prasad Sinha, learned APP appearing on behalf of the State.

2. The physical appearance of Municipal Commissioner and In-charge Registry is dispensed with.

3. Taking into consideration, the allegation made in the F.I.R., the Zonal Manager, LIC, Patna is directed to entrust a competent person to collect the entire records relating to the Policy No. 575824008 as would be evident from the receipt of renewal of premium deposited in account of policy holder namely, Saraswati Devi who has been reported to be alive.

4. The Zonal Manager, LIC, Patna will ensure the presence of Regional Manager, LIC with the records of the

Patna High Court CR. MISC. No.72093 of 2019(7) dt.10-04-2023 2/3 policy as mentioned above.

5. The In-charge Registrar, Birth and Certificate, Motihari is directed to inquire into the Death Certificate issued in the name of Saraswati Devi as contained in Annexure-3 series bearing Registration No. 0265753 issued on 26th February, 2018 by the Registrar, Birth and Death, Gram Panchayati Raj, Shitalpur Kalyanpur, East Champaran.

6. The inquiry report must be submitted to the Municipal Commissioner, East Champaran, Bihar who will ensure legal action, if required, by referring inquiry report to the District Magistrate, Motihari. In case the certificate is found forged and not been issued by the Registrar, Birth and Death, Gram Panchayati Raj, Shitalpur Kalyanpur, East Champaran, the District Magistrate must direct to lodge F.I.R. for taking appropriate legal action against the accused.

7. Let action taken report be filed on behalf of the Municipal Commissioner by way of affidavit within the aforesaid period. Any representative of the Municipal Commissioner must be present on the next date.

8. The petitioner will ensure his physical presence on the said date till then the interim protection granted to the petitioner shall remain in force.

Patna High Court CR. MISC. No.72093 of 2019(7) dt.10-04-2023 3/3

9. List this matter on 13.04.2023 at 2:15 p.m. among top cases.

(Purnendu Singh, J) minu/- U