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Judgment
By way of this petition under Section 482 CrPC, petitioner Rajendra Kumar seeks to assail the order dated 27.01.2015 passed by the ACJM, Sumerpur in Regular Criminal Case No.22/2015, whereby the learned Magistrate rejected the negative final report submitted by the police and took cognizance against the petitioner for the offences under Section 420, 467, 468, 471 and 120-B IPC, as affirmed by learned Additional Sessions Judge, Sumerpur in revision by the order dated
27.03.2017.
I have heard and considered the arguments advanced by learned counsel Mr. Pradeep Shah, representing the accused petitioner and Mr. Sanjay Nahar representing the complainant and learned Public Prosecutor. Upon perusal of the orders impugned, it is manifest that there is distinct allegation of the complainant insurance company that insured Dhanraj had expired at Bangalore on 02.12.2010 even before the insurance cover note was issued.
The petitioner with an objective to fraudulently get the insurance claim got prepared a forged death certificate from Village Khiwandi portraying that Shri Dhanraj expired on 02.01.2011. In this view of the matter, the petitioner clearly created a forged document in order to lay a fraudulent insurance claim.
Having regard to the entirety of the facts and circumstances as emanating from the impugned orders and after appreciating the arguments advanced by the counsel representing the parties, I am of the firm opinion that the trial court committed no error or illegality whatsoever while taking cognizance of the above offences against the petitioner. The revisional court has affirmed the order passed by the Magistrate by a detailed order.
Hence for all practical purposes, the instant petition is nothing but a second revision in the garb of a petition under Section 482 CrPC.
A second revision by the same party is barred by the provisions of Section 397 (3) CrPC . Hence, I am not inclined to exercise inherent powers of this court so as to interfere in the impugned orders.
The petitioner is directed to appear before the learned Magistrate on or before 20.12.2017. Thereupon he shall be enlarged on bail upon furnishing personal bonds to the satisfaction of the court below. He shall be at liberty to raise all permissible objections before the trial court at the appropriate stage.
With these observations and directions, the instant petition is dismissed being devoid of merit.