Vikram Johar vs The State Of Uttar Pradesh

3. The brief facts of the case, which need to be noted for deciding this appeal are:-

Ram Company engaged in business of wood processing and sale. The company had its premises at Kosikala, District Mathura, Uttar Pradesh.

3.2 On 18.12.2010 at 3.00 AM fire broke into the premises of M/s. Ram Company. Fire brigade and police were informed, which reached on the spot and fire could be controlled after several hours. The cause of fire was shown as electric short circuit in electric cable. Fire caused damages of stocks, plant and machinery and building. M/s. Ram Company had taken a Standard Fire & Special Perils Policy from M/s. United India Insurance Co. Ltd. M/s. Ram Company had submitted insurance claim on 20.12.2010. Total claim raised by the 2 company was Rs.3,62,45,114/-. The United India Insurance Co. Ltd. (hereinafter referred to as “insurance company”) appointed the appellant M/s. Protocol Surveyor and Engineers Private Limited, who is a certified surveyor by Insurance Regulatory and Development Authority. The appellant being Director of M/s. Protocol Surveyor and Engineers Private Limited undertook survey of insurance claim of the company.

3.3 On 04.04.2011, the appellant visited the premises at Kosikala, District Mathura for the purposes of preparing a survey report. Joint Inspection note was prepared on 04.04.2011, for which various documents were asked from the company. After various correspondences, the appellant submitted a final survey report dated 23.09.2011. M/s. Ram Company wrote letter dated 15.07.2011 and 22.07.2011 to the surveyor, 3 which was duly replied on 23.07.2011 by the surveyor. M/S. Ram Company has also written to insurance company, which was replied by insurance company on 08.08.2011 informing M/s. Ram Company that surveyors have been asked to submit their final report at the earliest.

3.4 On 11.09.2011, the M/s Ram company submitted a letter to insurance company requesting to make payment of policy amount of Rs. 285.60 Lacs. In the said letter, some complaints were also made against the surveyor. Again on 19.09.2011, a letter was sent by M/s. Ram Company to the insurance company, where allegations were made against the surveyor. The surveyor, i.e., the appellant submitted final report on 23.09.2011 with regard to claim of M/s. Ram Company, in detail noticing all aspects of the matter. In the Survey Report in the last paragraph, following was stated:- 4

Signed Protocol Surveyors & Engineers Pvt. Ltd.” 3.5 On 14.11.2011, respondent No.2, i.e., complainant filed an application under Section 156(3) Cr.P.C. alleging offences under Sections 383, 384, 471, 504 and 506 I.P.C. In the complaint, allegation was made against the appellant that he alongwith two or three other unknown persons, one of whom was holding a revolver, came to the complainant’s house on 02.10.2011 at 7.00 PM and abused him in filthy language and was about to assault him, When some neighbours arrived there, the appellant and two or three other unknown persons fled the spot on their 6 vehicle. On the above application dated 14.11.2011, on the order of the Magistrate, first information report was lodged being F.I.R. No.367 of 2011 under Sections 383, 384, 471, 504 and 506 I.P.C. registered on 24.11.2011. Insurance company by letter dated 12.12.2011 repudiated the claim of M/s. Ram Company. Paragraph Nos. 3, 4 and 5 of the said letter are to the following effect:-

5. That after scrutiny of the submitted survey report and in consultation with the technical team of our Head Office, we have repudiated the said claim vide our letter ref.no. VKJ:RK:FC:2011: 235:11 dated 06.12.2011.” 3.6 I.O. conducted the investigation calling the appellant also and submitted a closure 7 report. In the closure report, I.O. also had stated that as per the call details and location of Vikram Singh’s mobile (appellant), there was no roaming of his mobile from 1st October to 4th October and his location was within the NCR area. After recording the statements of several persons, the I.O. submitted final form, closure report. Against the report, a protest petition was filed by the complainant before the Judicial Magistrate, who by order dated 18.05.2012 allowed the protest petition and directed for further investigation in the Crime No. 448 of 2011. Further investigation was also conducted by another I.O., who again submitted a final report opining that no offence has been committed. Again, a protest petition was filed. The Judicial Magistrate by Order dated 21.12.2012 held that no further investigation is required and it shall be justified to try and dispose of the case as 8 a complaint case. Complainant’s statement under Section 200 Cr.P.C was recorded. Complainant also got recorded statement of PW1- Ganesh Sharma and PW2 – Roop Singh @ Munna.

9 3.8 An application was filed by the applicant under Section 239 read with Section 245 Cr.P.C. before the Court of Judicial Magistrate praying that appellant be discharged. In the application under Sections 239 and 245, details of claim, various reports and consideration by insurance company was mentioned. Additional Chief Judicial Magistrate vide its order dated 29.11.2016 rejected the application for discharge against which Criminal Revision was filed in the High Court, which has been dismissed on 06.02.2017. Aggrieved, by above order, this appeal has been filed.

29. Thus, in result, the appeal is allowed. The judgment of the High Court dated 06.02.2017 as well as the order of Chief Judicial Magistrate dated 28 29.11.2016 are set aside and the appellant stands discharged from the offence under Sections 504 and