Jharkhand High Court
Sunita Devi & Ors vs Asheswar Roy & Ors on 23 March, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 59 of 2018
......
Sunita Devi & Ors. ...... Appellants
Versus
Asheswar Roy & Ors. ......Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
......
For the Appellants : Mr. Sudhansu Kr. Deo, Advocate
For the Respondents :
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06/Dated: 23/03/2021.
Perused the report submitted by the learned Principal District &
Sessions Judge (I/C), Deoghar dated 18.03.2021 contained in letter
no.299 of 2021 wherein it has been pointed by the Principal District &
Sessions Judge (I/C), Deoghar that at the time of alleged accident the
vehicle was not insured, but subsequently the vehicle has been insured
before the ICICI Lombard General Insurance Company from
03.02.2015 to 03.02.2016 and accident is of dated 31.01.2015.
It also transpired that Principal District & Sessions Judge (I/c),
Deoghar has sent a letter / e-mail to the corporate office of the
Company at Mumbai and Branch Manager, ICICI Lombard General
Insurance Company Limited, Saraikela, Dhanbad as to how the
Insurance Company has insured the vehicle before its release and that
too when it was standing at the police station, but till date no reply has
been received from the Insurance Company.
Under the aforesaid circumstances, the Superintendent of Police,
Deoghar is directed to enquire into the matter that how the Officer-in-
charge has allowed a third party to visit and take chassis number,
engine number and photograph of the vehicle without permission of
the court.
It was a bailable offence where the driver has been released on
bail in G.R. Case No.159 of 2015 and the vehicle was subsequently
released because the paper completed by the owner in connivance
with the Insurance Company. The vehicle was released on Indemnity
bond of Rs.20 lacs but till date the owner of the vehicle has not
appeared even in the motor vehicle claim case or before this Court in
present Miscellaneous Appeal or in the G.R. Case pending before the
learned court below where the permanent warrant of arrest against the
driver of the vehicle has been issued on 12.05.2018.
This Court has earlier directed the Department of Police to
execute all process including warrant pending before them.
The then DGP (Mr. K.N. Choubey), IPS has filed an affidavit that
it is on going process and the police is looking into the matter, but it is
surprising for this Court that permanent warrant of arrest has been
issued on 05.12.2018 and more than two years and ten months have
elapsed warrantee has not yet been arrested.
Under the aforesaid circumstances, awaiting the service report of
notice issued vide order dated 16.03.2021, a report be called from the
Superintendent of Police, Deoghar on these issues.
Let the appeal be listed after receipt of the report from the
Superintendent of Police, Deoghar.
The supplementary report dated 22.03.2021 of learned Principal
District & Sessions Judge (I/C), Deoghar be kept on record.
The Superintendent of Police, Deoghar is also directed to inform
this Court whether the judgment passed by the Apex Court in the case
of Jai Prakash Vs. National Insurance Co. Ltd., reported in 2010 (2) SCC
607 is being followed in the District of Deoghar or not? When such
direction and order has been issued to all the officer-in-charge of the
police station with regard to judgment passed by the Apex Court in
the case of Jai Prakash (Supra).
Let a copy of this order be communicated through FAX to the
court below, learned Principal District & Sessions Judge (I/C),
Deoghar as well as the Superintendent of Police, Deoghar.
(Kailash Prasad Deo, J.)
R.S.
