IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.03.2010 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.O.P.No.2533 of 2010 and M.P.No. 1 of 2010 Tata AIG General Insurance Co. Ltd., Chennai Branch. …. Petitioner Versus 1.Director General of Police State of Tamil Nadu, Chennai. 2.Deputy Inspector General of Police CB-CID, Chennai. 3.Commissioner of Police, Commander in Chief Road, Greater, Chennai, Egmore, Chennai – 600 008. 4.Inspector of Police, Traffic Investigation, G.S.T.Road, Tambaram. 5.Ramani Sashidharan 6.K.Bellarmin Suresh 7.The Additional Director General of Police CBCID Chennai (R7 impleaded as per order of the Court dated 9.3.2010 in M.P.2/10 … Respondents Criminal Original Petition is filed under section 482 of Criminal Procedure Code to direct respondents 1 to 3 to register the complaint dated 12.03.2008 lodged by the petitioner and investigate FIR No.318 of 2007 on the file of 4th respondent herein and take appropriate legal proceedings against the persons guilty of fabricating the time of accident for convenience. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner :Mr.N.Vijayaraghavan For Respondents 1 to 4 :Mr.J.C.Durairaj Government Advocate [Crl.Side] For Respondents 5 and 6 :No appearance O R D E R The petitioner presently before us is the Tata AIG General Insurance Co.Ltd. and the prayer is to register the complaint dated 12.03.2008 lodged by the petitioner as also to investigate the FIR in Crime No.318 of 2007 on the file of the 4th respondent herein. The petitioner's claim is that the FIR in Crime No.318 of 2007 has been registered in support of a false claim. 2.Learned Government Advocate(Crl.Side) informs that the case in Crime No.318 of 2007 on the file of the 4th respondent has ended in conviction of the driver who is said to have been involved in the accident. This is stated by the learned Government Advocate (Crl.Side) only as a matter of information. 3.The contention of the present petitioner as also the other insurance companies in several cases is that the task of investigation may be entrusted to an independent agency to make it more effective. It is owing to concern in respect thereof that the First Bench of this Court had under orders in W.P.No.7389 of 2005 and other connected Writ Petitions dated 01.03.2006 directed that all future complaints of insurance companies be dealt with by the CBI. As against the order of the First Bench, the State has moved a Special Leave Petition before the Honourable Apex Court which was dismissed on 11.07.2006. On a review petition filed by the CBI, the Honourable Apex Court modified the order directing it to initially register 13 cases of fraudulent insurance claims. The CBI has so done and filed final reports before the competent Courts. 4.A Division Bench of this Court under orders in W.P.M.P.No.1060 of 2009 in W.P.No.7389 of 2005, other connected Writ Petitions and Criminal Original Petition dated 22.12.2009 has directed investigation by the C.B.C.I.D., Chennai into the false insurance claims and required the Additional Director General of Police to form a special team for registration and investigation of such cases. https://hcservices.ecourts.gov.in/hcservices/ 5.Before the Division Bench of this Court dealing with W.P.M.P.No.1060 of 2009, it had been informed that 29 cases were registered by the CBI as per order of this Court and investigation has been completed with the result that final reports were filed in 21 cases and closure reports in the remaining 8 cases. It also was submitted before the Division Bench that the CBI was relatively a small organization compared to the State Police and a specialised agency in the form of C.B.C.I.D was available in the State which may be entrusted the task of registration and investigation of such cases. It is thus, that the Division Bench came to pass an order requiring the investigation by the C.B.C.I.D, Chennai in respect of false insurance claims. 6.As above stated, this Court also was pleased to require the Additional Director General of Police, C.B.C.I.D, Chennai who now stands impleaded as 7th respondent to form a separate team for registration and investigation of cases relating to false insurance claims. It is informed that such separate team stands formed. 7.In the above circumstances, this Court directs the 7th respondent to register the complaint dated 12.03.2008 lodged by the petitioner and investigate thereupon in accordance with law. Consequently, the connected miscellaneous petition is closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. gm To 1.The Director General of Police State of Tamil Nadu, Chennai. 2.The Deputy Inspector General of Police CB-CID, Chennai. 3.The Commissioner of Police, Commander in Chief Road, Greater, Chennai, Egmore, Chennai – 600 008. https://hcservices.ecourts.gov.in/hcservices/ 4.The Inspector of Police, Traffic Investigation, G.S.T.Road, Tambaram. 5.The Public Prosecutor, High Court, Madras – 600 104. 6. The Additional Director General of Police CBCID Chennai 1 cc to Mr.N. Vijayaraghavan, Advocate, SR. 15884 Crl.O.P.No.2533 of 2010 and M.P.No. 1 of 2010 KGK (CO) kk 26/3 https://hcservices.ecourts.gov.in/hcservices/