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Judgment
Arindam Sinha, J
Mr. Das, learned advocate appears on behalf of petitioner and submits, his client’s father died because of road accident. The deceased along with other persons were returning to the village by an auto rickshaw bearing registration no.OD07C/7699. Near Mandiapali Chhak one truck bearing registration no.AP05 TU/2499 dashed with the auto rickshaw. Occupants in it were injured, his father seriously. The injured were rushed to MKCG Medical College and Hospital. The hospital suggested his father be taken to Vishakhapatnam immediately. Petitioner and his relatives immediately arranged to take his father there. At the outskirts of Berhampur town, his father succumbed. Then they took the dead body to their village and completed the last rites. On these facts, Chamakhandi P.S. Case no.30 of 2022 under sections 279/337/338/304-A of the IPC was registered. Hence, prayers in the writ petition for direction upon State to provide death and legal heir certificates and upon the bank not to create any third party interest on gold ornaments deposited as security against gold loan taken by his deceased father.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, first prayer is outside assignment scope of this Bench. Mr. Mishra, learned advocate appears on behalf of opposite party no.7-bank and prays for time to obtain instructions to file counter.
On query from Court, Mr. Das submits, his client is interested in recovery of the gold. For that purpose, death and legal heir certificates are required, for submission to the bank. The certificates are not being issued on wrongful denial by MKCG Medical College and Hospital that the deceased was taken there. CCTV footage in the hospital premises will show otherwise.
The writ petition is found to be within the assignment since, relief sought by petitioner is for obtaining order against the bank regarding recovery of the gold deposited as security and for that purpose consequential prayer for issuance of the certificates.
State is directed to ascertain and report:-
(i) Whether there was motor accident involving autorickshaw bearing registration no.OD07C/7699 and truck bearing registration no.AP05TU/2499 on 15th February, 2022 near Mandiapali Chhak?
(ii) Who were occupants in the autorickshaw as were injured?
(iii) Whether any of those occupants were treated in MKCG Medical College and Hospital?
(iv) Case diary in Chamakhandi P.S. Case no.30 of 2022 to be perused and this Court informed on investigation regarding cause of death of petitioner’s father.
State will provide requisite information by way of affidavit, to be filed on adjourned date, with copy to petitioner/learned advocate.
List on 29th August, 2022, within which time opposite party no.7 is to file counter, upon advance copy served to petitioner..
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