HC junks plea to quash FIR registered by CBI – Kashmir Reader

HC junks plea to quash FIR registered by CBI – Kashmir Reader

Srinagar: The Excessive Courtroom of J&Ok and Ladakh on Wednesday rejected a plea to quash an FIR registered by Central Bureau of Investigation towards M/S Trinity Reinsurance Brokers Ltd firm in alleged insurance coverage rip-off relating to group medical insurance coverage scheme for presidency workers in Jammu and Kashmir.
“…allegations levelled towards the petitioner and different authorities officers in addition to towards RGICL (Reliance Common Insurance coverage Firm Restricted) that are required to be probed intimately and at this stage when investigation has not reached on the closing stage and the investigating company remains to be within the strategy of gathering proof, the FIR can’t be quashed,” a bench of Justice Rajnesh Oswal stated. Nevertheless, the courtroom directed CBI to conclude the investigation of the case as expeditiously as potential. “The petitioner-company is directed to take part within the investigation in order to allow the respondent No.1 (CBI) to conclude the investigation expeditiously.”
The CBI has registered two FIRs in reference to corruption allegations levelled by former governor Satyapal Malik within the awarding of contracts for a bunch medical insurance coverage scheme for presidency workers and civil work in J&Ok value Rs 2,200 crore.
The company has booked Reliance Common Insurance coverage and Trinity Re-Insurance coverage Brokers Restricted within the case.
The CBI and ACB of their replies earlier than the courtroom acknowledged {that a} Common Case No.RC1232022A0004 was registered by CBI, ACB, Srinagar, on 19.04.2022 towards the M/S Trinity Reinsurance Brokers Ltd, RGICL and different underknown public servants and personal individuals beneath Part 120-B r/w Part 420 of J&Ok Penal Code (Ranbir Penal Code) and beneath Part 5(2) r/w Part 5(1)(d) of the J&Ok PC Act, on the idea of written grievance dated 23.03.2022 submitted by the Deputy Secretary to the Govt. of J&Ok, Common Administration Division. It’s additional acknowledged that unknown officers/officers of the Authorities of J&Ok in conspiracy with M/S Trinity Reinsurance Brokers Restricted and M/S RGICL dedicated prison misconduct by hiring M/S Trinity Reinsurance Brokers Restricted as marketing consultant/middleman to information the division in tendering course of. M/S RGICL was chosen as Insurer for Group Mediclaim Insurance coverage of workers and pensioners of J&Ok Govt. within the yr 2018 by violating the Monetary Guidelines and an quantity of Rs.61,43,78,800/ was launched in favour of M/S RGICL earlier than signing of settlement. M/S RGICL was allowed to misappropriate the funds of J&Ok Authorities by permitting insurance coverage coverage to proceed for one quarter, whereby the discover for foreclosures of the contract with impact from 31.12.2018 was served upon M/S RGICL on 30.11.2018. It’s additional averred that after registration of FIR, investigation is being carried out and through investigation, Shri Harshit Jain, Director and Principal Officer of the petitioner-Firm was requested to provide the paperwork together with communications with insurance coverage firms, TPAs and Authorities of J&Ok, eligibility of M/S Trinity Reinsurance Brokers Restricted, paperwork relating to bills incurred, funds acquired and many others. and to provide his assertion relating to allegations of malpractices. He attended the CBI, ACB, Srinagar, workplace on 20.07.2022 and 21.07.2022 and produced photocopies of the paperwork. On 21.07.2022, his assertion was recorded however earlier than completion of his assertion, he requested to defer the assertion because of sick well being and as he needed to consult with his workplace information earlier than making WP(C) No.295/2024 Web page 6 of 17 additional assertion and accordingly Shri Harshit Jain was directed to attend the CBI, ACB, Srinagar workplace after one week together with all unique/licensed paperwork and he was relieved from CBI workplace. Thereafter, regardless of telephonic calls and notices issued to Shri Harshit Jain, he didn’t take part within the investigation and levelled false allegations of harassment with none foundation, with ulterior motive to stall the graceful investigation of the case. M/S RGICL has paid any quantity of Rs.4,36,07,033/ to the petitioner as brokerage out of the premium acquired from the Authorities. The Authorities of J&Ok had deducted the premium quantity from the salaries of lacs of Authorities workers and acquired premium quantity from the pensioners as effectively. The M/S Trinity Reinsurance Brokers Ltd and RGICL are responsibility certain to cooperate in the course of the investigation. It is usually acknowledged that the ACB, J&Ok, has not investigated the matter, fairly has solely carried out restricted preliminary enquiry/verification and at current, the CBI is conducting thorough investigation of the allegations made within the FIR. Throughout search of the premises of the M/S Trinity Reinsurance Brokers Ltd, sure incriminating paperwork had been seized and the stated paperwork are being examined.


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