IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.903 of 2010 RAJESH UPADHYAY, son of Anirudh Upadhyay, Resident of Village- Tulsiya, Police Station- Uchakagaon, District- Gopalganj. . . . . . . Petitioner Versus 1. THE STATE OF BIHAR 2. The Superintendent, Patna Medical College and Hospital, Patna. 3. The Officer-in-charge, Pirbahore Police Station, Patna. 4. The Officer-in-charge, Uchakagaon Police Station, District- Gopalganj. 5. The Sub-divisional Magistrate, Sub-division, Hathua, District- Gopalganj. 6. The Manager Claims, Life Insurance Corporation of India, Muzaffarpur Division Office, Muzaffarpur. 7. The Branch Manager, Gopalganj Branch Office, Life Insurance Corporation of India. 8. The Superintendent of Police, Gopalganj, District- Gopalganj. 9. The Senior Superintendent of Police, Patna, District- Patna. . . . . . . Respondents. For the Petitioner: Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr. Lokesh Kumar Singh, Advocate. For the Respondent nos. 6 and 7: Mr. Amod Kumar, Advocate For the State: Mr. K. Ravish, Advocate. ----------- 5/ 19.11.2010 Heard learned counsel for the parties. The petitioner has prayed for direction to Superintendent, P.M.C.H., Patna to hand over authenticated/ certified copy of the post-mortem report and inquest report of his wife Savita Devi. He further prays to direct officer-in-charge Uchakagaon Police Station to institute a case of accident in terms of Section 174 Cr.P.C. and forward his report in terms of Section 174(2) of Cr.P.C. to Sub-Divisional Magistrate, Hathua, Gopalganj. Further prayer of the petitioner is that to direct the Sub-Divisional Magistrate, Hathua, Gopalganj, thereafter to supply the certified copy of the report under Section 174(2) of Cr.P.C. On 27.09.2010, this Court heard the petitioner, State as well as learned counsel appearing for respondent nos. 6 and 7 2 namely the Life Insurance Corporation of India. On the aforesaid date this Court passed a detailed order, which is being reproduced in order to avoid repetition: “The petitioner is permitted to add Superintendent of Police, Gopalganj and Sr. Superintendent of Police, Patna as respondent nos. 8 & 9. Heard learned counsel for the petitioner, respondents (6 & 7) as well as State. The grievance of the petitioner is that his L.I.C. claim in respect of two polices standing in the name of his late wife is not being settled by respondent nos. (6 &7). The petitioner submits that two policies stood in the name of his wife, one for Rs.10 lakh bearing policy no.537649311 dated 09.03.2009 and second for a sum of Rs. 1 lakh bearing policy no.533609015 dated 28.03.2003. In first policy petitioner is the nominee and in second policy his son is the nominee. The petitioner’s case is that his wife Late Savita Devi, aged 32 years died on account of burn injuries while cooking food on 07.05.2009 at 10:30 A.M. at village Tulsiya, P.S. Uchakagaon. The petitioner brought her to PMCH for better treatment, however, she could not survive and died in the night on 07.05.2009 itself. The petitioner got his Fardbeyan recorded on 08.05.2009 at 9:30 A.M. at P.M.C.H., which was duly endorsed and forwarded to Uchakagaon Police Station, District Gopalganj on 08.05.2009 itself. Copy of Fardbeyan, inquest report and post-mortem report, conducted by P.M.C.H., have been attached with the writ petition as Annexures- 1A, 2, and 3. 3 Learned counsel submits that though he has tried his best to get certified copy of aforesaid documents, he has not been able to get the same. Besides this he has not been able to get either the Police Investigation Report (PIR) or certified copies of the inquest report or postmortem report. The petitioner states that police of Uchakagaon Police Station states that it had not received a copy of fardbeyan forwarded by Pirbahore Police Station dated 08.05.2009. The petitioner submits that in case copy of Farbeyan is lost, they should treat the photo copy of endorsement made by Pirbahore Police Station, which petitioner can supply. Learned counsel for L.I.C. of India submits that as per L.I.C. manual, such claims are cleared after receipt of certified copy of the F.I.R./U.D. case or Sanha, copy of Police Investigation Report (PIR), inquest report/postmortem report as may be relevant. The State seeks four weeks time to file counter affidavit. Put up this case on 08.11.2010 retaining its position to enable the respondents to file affidavit”. A counter affidavit has been filed on behalf of respondent no. 4 and 8 namely S.H.O. Uchakagaon and Superintendent of Police, Gopalganj. In paragraph 9 of the counter affidavit, they state that in fact they did not receive the Fardbeyan sent by S.H.O. Pirbahore police station. Paragraph 9 of the counter affidavit is quoted hereinbelow for its convenience: “That so far the statement made in paragraph 7 of the writ application is concerned, it is stated that the 4 Fardbeyan of the petitioner was never received in the Uchakagaon Police Station as alleged in this paragraph. It is stated that a report to this effect was called from the Station House Officer, Uchakagaon on07.11.2010 and by report dated 08.11.2010 it has been informed that the Fardbeyan of the petitioner: Rajesh Upadhaya has not been received in the Police Station and hence no steps could be taken”. In view of the facts and circumstances and also in view of paragraph 9 of the counter affidavit filed on behalf of respondent nos. 4 and 8, this Court observes that if petitioner files a photo copy of Fardbeyan of petitioner recorded by Pirbahore Police station on 08.05.2009 at 8.30 P.M. at P.M.C.H., Patna they will treat the same as to be a certified copy and will submit its report in accordance with law preferably within a period of three months from the date of receipt / production of a copy of this order. The petitioner would be at liberty to file representation before the L.I.C. of India along with the relevant papers for payment of dues, which would be disposed of expeditiously. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)