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2025 DIGILAW 835 (JHR)

Go Digit General Insurance Limited v. State of Jharkhand

2025-03-10

ANIL KUMAR CHOUDHARY

body2025
JUDGMENT : ANIL KUMAR CHOUDHARY, J. Heard the parties. 2. This Writ Petition (Cr.) under Article 226 of the Constitution of India has been filed with a prayer for issuance of an appropriate writ (s)/order (s)/direction (s) to the respondents to constitute the Special Investigation Team (SIT) for proper and fair investigation of Gumla P.S. Case No.341 of 2022. As per the petitioner, MACT Case No.101 of 2023, which has been filed in the Court of District Judge of Birbhum at Suri in the State of West Bengal is a fake compensation case of hit and run accident. It has been prayed for that in the light of the observation made by the Hon’ble Supreme Court of India in the case of Safiq Ahmad Vs. ICICI Lombard General Insurance Co. Ltd. & Others reported in (2021) 18 SCC 813 , the prayer made in this writ petition be allowed. 3. Learned counsel for the petitioner submits that in the said case vide order dated 16.12.2021, the Hon’ble Supreme Court of India has called for response from the Ministry of Transport, Government of India and to have their suggestions for remedial and preventive measures for curbing the menace of filing false/fraud claim petition and after getting the response, the Hon’ble Supreme Court of India may issue further direction to be applied pan India. It is next fairly submitted that the case case of Safiq Ahmad Vs. ICICI Lombard General Insurance Co. Ltd. & Others reported in (2021) 18 SCC 813 is still pending before the Hon’ble Supreme Court of India. It is next submitted that in the case of The Oriental Insurance Co. Ltd. & Tuni Pati & Ors . in Special Leave Appeal (C) No.5582 of 2023 dated 06.03.2025, the Hon’ble Supreme Court of India has requested the Director General of Police, State of Odisha to constitute a Special Investigation Team (SIT) and get it verified as to whether the vehicle in question was actually a vehicle involved in accident or it was some other vehicle, hence, it is submitted that the prayer as prayed for in this writ petition, be allowed. 4. 4. Learned counsel appearing for the State on the other hand vehemently opposes the prayer and submits that admittedly, the filing of false/fraud claim petition has been made in the State of West Bengal, the lis is still before the District Court in the West Bengal, the appeal from the same would lie before the Calcutta High Court. The alleged fraudulent claim petition has not been filed in the State of Jharkhand, further, the Hon’ble Supreme Court of India is in seisin of the matter; of considering issuing direction to be applied on pan India basis, hence, it is submitted that this Court ought not entertain this writ petition at this stage. 5. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that since admittedly, the Hon’ble Supreme Court of India is in seisin of the matter in respect of issuing direction to curb the menace of filing false/fraud claim petition to be applied pan India, this Court is not inclined to pass any general order in this respect in this writ petition. 6. So far as the claim petition filed vide MACT Case No.101 of 2023 is concerned, the same has not been filed anywhere in the State of Jharkhand. This Court has no appellate jurisdiction over the Courts of West Bengal that is the MACT, Birbhum at Suri. The petitioner is at liberty to take all grounds including the ground that claim petition was a fraudulent claim for compensation filed vide MACT Case No.101 of 2023 based on fraudulent documents; before the concerned Court. 7. Under such circumstances, this Court is not inclined to pass any general order for establishing any Special Investigation Team (SIT) at this stage.Accordingly, this W.P.Cr. being without any merit, is dismissed. 8. This W.P. (Cr.), stands disposed of accordingly.