Nasir Mahammad Alias Nisar Mahammad And Others v. State Of West Bengal And ANR

21.02.2025.

30.

Ct.No.28.

as C.R.R. 3972 of 2024 In Re:- An application under Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

In the matter of : Nasir Mahammad @ Nisar Mahammad & Ors.

.... Petitioners.

Mr. Abir Das.

...for the Petitioners.

1.

Petitioners contend they are employees of one 'M/s. Mahindra @ Mahindra Financial Services Limited'. They did not play any role with regard to issuance of the alleged forged insurance policy.

2.

I have considered the allegations in the impugned charge sheet. It is alleged co-accused in collusion with petitioners i.e. representatives of the Finance Company had obtained a fake insurance in respect of hypothecated machinery. 3.

Admittedly, insurance policy is fake. Involvement of the petitioners in the offence of making and/or using fake insurance policy is a question of fact which cannot be examined in exercise of inherent jurisdiction of the Court. It is trite that the High Court in exercise of its inherent jurisdiction would not enter a mini trial.

4.

Under such circumstances, we are of the opinion no case for interference with the impugned proceeding is made out. It is open to the petitioners to agitate their grievance at the

appropriate stage of the proceeding in accordance with law, if so advised.

5.

With this observation, the revision petition is disposed of. 6.

Urgent Xerox certified copy of this order, if applied for, be given to the learned Advocate for the petitioner on usual undertaking.

(Joymalya Bagchi, J.)