HC Declines To Quash FIR Registered By CBI  – Kashmir Observer

HC Declines To Quash FIR Registered By CBI  – Kashmir Observer

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Srinagar- The Excessive Courtroom of J&Ok and Ladakh on Wednesday declined a plea by M/S Trinity Reinsurance Brokers Ltd to quash FIR registered by CBI towards the corporate in alleged insurance coverage rip-off concerning awarding of contracts for a bunch medical insurance coverage scheme for presidency staff in erstwhile state of Jammu and Kashmir.

The CBI has registered FIR in reference to corruption allegations levelled by former Satypal Malik within the awarding of contracts for a bunch medical insurance coverage scheme for presidency staff. 

“…allegations levelled towards the petitioner and different authorities officers in addition to towards RGICL (Reliance Normal Insurance coverage Firm Restricted) that are required to be probed intimately and at this stage when investigation has not reached on the ultimate stage and the investigating company remains to be within the means of gathering proof, the FIR can’t be quashed,” a bench of Justice Rajnesh Oswal stated.

In its plea, M/S Trinity Reinsurance Brokers Ltd stated that there are not any allegations towards it within the FIR in respect of the fee of any offence in any way. It stated that the premium paid to the RGICL was deducted from the salaries of the Authorities staff and an quantity of Rs.61.44 crores was paid to M/S RGICL as first instalment of premium and out of that premium, an quantity of Rs.4,36,07,033/ has been admittedly obtained by M/S Trinity Reinsurance Brokers Restricted as brokerage.

“The second competition raised by the petitioner is that when the ACB had enquired intimately the same allegations, the impugned FIR couldn’t have been registered by the respondent No.1 (CBI) on the occasion of respondent No.3 (J&Ok authorities),” the courtroom stated, including, “The perusal of the communication dated 23.03.2022 addressed by respondent No.2 (ACB) to respondent No.1 (CBI)  reveals that the respondent No.1 (CBI) was requested to analyze the matter solely after the reported submitted by the ACB was thought of and the discovered Senior AAG showing for respondent No.3 (govt) is true in his submission that as a way to get honest, unbiased and clear investigation, it was thought correct by the respondent No.3 to get the matter concerning allotment of contract investigated independently as enormous public cash was concerned.” This Courtroom, the bench stated,  has examined the file produced by the CBI and has discovered that the CBI isn’t solely investigating the allotment of contract to M/S RGICL but in addition the engagement of M/S Trinity Reinsurance Brokers Ltd as insurance coverage dealer.

“This Courtroom wouldn’t wish to remark in respect of the mode and method through which the petitioner was engaged as insurance coverage dealer at this stage as a result of the matter remains to be being investigated by the respondent No.1,” the courtroom stated, including, “This facet of the case was by no means enquired into by the ACB, J&Ok. Due to this fact, the competition of the petitioner on this regard too isn’t ample for quashing of the impugned FIR.”

The third competition raised by the petitioner firm, the courtroom stated, is that there’s a delay of 4 years in registration of FIR.

“Merely on the bottom that the FIR has been registered after an enormous delay, the identical can’t be quashed as earlier the matter was being enquired into by the ACB which submitted its experiences on 27.11.2019 and 08.02.2022,” the courtroom stated, including,  “After contemplating the report submitted by the ACB, the matter was referred to the respondent No.1 (CBI) for investigation …on 23.03.2022. Due to this fact, it can’t be stated that there’s a enormous and unexplained delay on the a part of respondents in registration of FIR. This competition of the petitioner too is rejected.”

Whereas declining to point out indulgence for the aim of quashing the FIR, the courtroom nonetheless directed CBI to conclude the investigation of the case as expeditiously as attainable. “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.”

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