Royal Sundaram Alliance v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.11.2016
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.20238 of 2016 Royal Sundaram Alliance Insurance Co. Ltd.
represented by V.S. Durairaj Subramaniam Building II Floor No.1, Club House Road Anna Salai Chennai 600 002 Petitioner vs.
The Superintendent of Police Crime Branch CID North Zone Chennai 600 008 The Deputy Superintendent of Police No.77, Boopalan Street CB-CID Vandimedu Villupuram The Superintendent of Police Villupuram District Villupuram The Inspector of Police Aurovil P.S.
Villupuram District 605 111 Rajaram India Motor Parts & Accessories represented by its Manager III Floor, Sundaram Towers White Road Royapettah Chennai 600 014 Respondents Criminal Original Petition filed under Section 482, Cr.P.C. seeking to direct the respondents 1 and 2 to consider the complaint dated 21.06.2016
lodged with the 2nd respondent and reinvestigate the complaint registered under FIR No.128 of 2015 dated 17.03.2015 on the file of the 4th respondent as early as possible or within such time as may be fixed by this Court For petitioner Mr. N. Vijayaraghavan For RR 1 to 4 Mr. C. Emalias Addl. Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking to direct the respondents 1 and 2 to consider the complaint dated 21.06.2016 lodged with the 2nd respondent and reinvestigate the complaint registered under FIR No.128 of 2015 dated 17.03.2015 on the file of the 4th respondent as early as possible or within such time as may be fixed by this Court. On 30.09.2016, this Criminal Original Petition came up for hearing along with Crl.O.P. No.18110 of 2016 and while passing separate orders in these two Criminal Original Petitions, this Court had inadvertently mixed up the facts of the two cases. This was brought to the notice of this Court by Mr.Vijayaraghavan, learned counsel for the petitioner in both the cases. Therefore, both the Criminal Original Petitions, viz., Crl.O.P. Nos.18110 of 2016 and 20238 of 2016 are listed today under the caption "for being mentioned". In view of the mixing up of the facts, the order dated 30.09.2016 passed by this Court in Crl.O.P. No.20238 of 2016 is hereby recalled and the following order is passed:
It is the case of the petitioner-Insurance Company that a fake insurance claim has been made by the fifth respondent. In this regard, the petitioner-Insurance Company has given a complaint dated 21.06.2016 to the second respondent for re-investigation of the case in Cr. No.128 of 2015 on the file of the fourth respondent police.
In matters relating to fake insurance claims, a Division Bench of this Court, in W.P. No.7389 of 2005 etc. batch, vide order dated 29.07.2010, has directed Insurance Companies aggrieved by such bogus claims, to approach the concerned District Crime Branch. In view of the above, liberty is given to the petitioner to approach the concerned District Crime Branch and lodge a fresh complaint and on such complaint being lodged, the same shall be enquired into by the District Crime Branch and action taken in accordance with law. With the above direction, this Criminal Original Petition is closed. 15.11.2016 cad
P.N. PRAKASH, J.
cad To The Superintendent of Police Crime Branch CID North Zone Chennai 600 008 The Deputy Superintendent of Police No.77, Boopalan Street CB-CID Vandimedu Villupuram The Superintendent of Police Villupuram District Villupuram The Inspector of Police Aurovil P.S.
Villupuram District 605 111 The Public Prosecutor Madras High Court Chennai 600 104 Crl.O.P. No.20238 of 2016 15.11.2016 http://www.judis.nic.in