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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.