Orissa High Court
Divisional Manager vs Sumanta Kumar Rath & Ors. .... Opp. Party ... on 8 May, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Reason: Authentication
Location: ORISSA HIGH COURT, CUTTACK
Date: 25-May-2025 09:58:20
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.11597 of 2025
Divisional Manager, New .... Petitioner (s)
India Assurance Co. Ltd.
Mr. Prasanta Kumar Mahali, Adv.
-versus-
Sumanta Kumar Rath & Ors. .... Opp. Party (s)
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order No. ORDER
01. 08.05.2025
1.
This matter is taken up through hybrid arrangement.
2. In this Writ Petition, the Petitioner/ Insurance Company has
made a prayer to quash the order dated 06.01.2025 under
Annexure-4 passed by the learned 2nd MACT (SD), Berhampur
in MAC Case No.259 of 2022 (74/2022-GDC) rejecting its
petition for issuance of summon to the Investigating Officer in
B.N. Pur P.S. UD case No.570 dated 18.11.2021 for examination.
3. Heard learned counsel for the Petitioner.
4. At the outset, learned counsel for the Petitioner/ Insurance
Company submits that similar issue has been decided by this
Court earlier in the judgment dated 05.03.2024 passed in
W.P.(C) No.36138 of 2023 (National Insurance Co. Ltd. -vrs.-
Muktikanta Mohapatra & Others). Hence, he submits that this
Location: ORISSA HIGH COURT, CUTTACK
Writ Petition may be disposed of in the light of the judgment
passed in the case of Muktikanta Mohapatra (supra).
5. On perusal of the records and the judgment passed in the case
of Muktikanta Mohapatra & Others (supra), it appears that
similar issue has already been decided by this Court in the said
judgment which was disposed of on 05.03.2024. The ordering
portion of the said judgment is as follows:
"9. In view of the facts as detailed above, the
reasons assigned in the petition filed by the
Insurance Company (Opposite Party No.2 before
the Court below), the legal provisions extracted
above and the settled position of law as was held
in Gohar Mohammed (supra), this Court is of the
view that the Court below was not justified in
rejecting the application of the present Petitioner
to summon the I.O., as prayed for and the
impugned order deserves interference.
Accordingly, the order dated 29.09.2023 passed in
M.A.C. No.80 of 2020 is set aside.
10. The Court below is directed to allow the
petition of the Petitioner Insurance Company
(Opposite Party No.2 before the Court below) and
summon the concerned I.O. through Special
Messenger at the cost of the present Petitioner
Insurance Company and proceed further in
accordance with law and conclude the
saidproceeding at the earliest, preferably within a
period of six months from the date of production
of the certified copy of this order.
11. Needless to mention here that the concerned
I.O., who's name finds place in the prayer portion
of the Petition dated 15.09.2023, being
Location: ORISSA HIGH COURT, CUTTACK
summoned, shall cooperate with the Court below
and remain present on the date fixed with relevant
documents, if any, for his examination.
12. Accordingly, the Writ Petition is allowed and
disposed of. No order as to cost.
13. Urgent certified copy of this order be granted
on proper application as per rules."
6. In such view of the matter, this Writ Petition is allowed
quashing the order dated 06.01.2025 under Annexure-4 passed
by the learned 2nd MACT (SD), Berhampur in MAC Case
No.259 of 2022 (74/2022-GDC). The court below is directed to
allow the petition of the Petitioner/ Insurance Company and
summon the concerned Investigating Officer through Special
Messenger at the cost of the present Petitioner/ Insurance
Company and proceed further in accordance with law and
conclude the proceeding at the earliest preferably within a
period of six months from the date of production of the
certified copy of this order.
7. Needless to say that the concerned Investigating Officer being
summoned shall cooperate with the court below and remain
present on the date fixed with relevant documents, if any, for
his examination.
8. With the aforesaid directions/ observations, this Writ Petition is
disposed of.
(Dr. S.K. Panigrahi)
Judge
B. Jhankar
