The High Court
Case Details
THE HIGH COURT OF MEGHALAYA WP(C)[SH]105/2013 Shri Mithu Sewa Son of (L) Ramu Sewa Resident of 45 JB Cantt. Jhalupara, Shillong East Khasi Hills District, Meghalaya. ….Petitioner -VERSUS- 1. 2. 3. 4. 5. 6. The State of Meghalaya represented by the Director General of Pollice, Shillong, Meghalaya. The Additional Director General of Police CID/ SCRB, Shillong, Meghalaya. The Supdt. of Police, East Khasi Hills District, Meghalaya, Shillong. The Duty Officer State Crimes Record Bureau, Meghalaya, Shillong. The National Insurance Company Ltd (A Government of India Undertaking) through its Sr. Divisional Manager, Morellow Building Kachari Road, Shillong, East Khasi Hills District, Meghalaya. The Director, National Crime Records Bureau East Block -7, R.K.Puram, New Delhi – 110066. ….Respondents BEFORE THE HON’BLE MR JUSTICE T NANDAKUMAR SINGH For the petitioner For the respondents Date of hearing Date of Judgment - - - - - - - -
Legal Reasoning
Mr. KC Gautam, Adv. Mr. D.Gangte, Adv Mr. KCH Gautam, Adv Mr. WM Sangma, Adv Mr.N.D.Chullai, Sr. GA. Mr. K.P. Bhattacharjee, GA 1-7-2013 1-7-2013 JUDGMENT AND ORDER (ORAL) JUDGMENT AND ORDER (ORAL) JUDGMENT AND ORDER (ORAL) JUDGMENT AND ORDER (ORAL) Heard Mr. K.C.H. Gautam, learned counsel appearing for the petitioner and also Mr. K.P.Bhattacharjee, learned counsel appearing for respondents No. 1, 2 and 3. 2. The only prayer in the present writ petition is for a direction to the respondent No.6, i.e. the Director, National Crime Records Bureau (NCRB) to make necessary corrections in the concerned NCRB report in respect of the petitioner’s vehicle i.e. Mahindra Bolero (Tourist vehicle) bearing registration No.ML-05-H-1814 as per the police report dated 20-3- 2012 issued by the Officer I/c Jhalupara Police Outpost, East Khasi Hills District. 3. For deciding the issues involved in the present writ petition, a short fact leading to the filing of the present writ petition is noted. The petitioner is the registered owner of the Mahindra Bolero (Tourist vehicle) bearing registration No.ML-05-H-1814 as per the certificate of registration issued by the District Transport Officer, East Khasi Hills District, Shillong, Meghalaya. The said vehicle of the petitioner was also duly insured with the National Insurance Company Ltd under Policy No.201000/31/10/6300001919 effective from 1A.M. of 08-10-2010 to the midnight of 07-10-2011. 4. The petitioner’s said vehicle was found missing from the place of parking located adjacent to his residence. Thereafter, the petitioner filed an ejahar to the Jhalupara beat house under Lumdiengri P.S. The O.C of the police station on receipt of the said ejahar dated 8-09-2011, a case being Lumdiengjri P.S. case No.76 (9) of 2011 under section 379 I.P.C. was registered to investigate the case. After thorough investigation, the police could not recover the said vehicle of the petitioner and thereafter a 2 Final Report was submitted that the said vehicle of the petitioner though reported to be stolen could not be recovered vide Lumdiengjri P.S.F.R No.6/12 dated 2-02-2012. 5. It is also stated that the said FR (Final Report) No.6/12 dated 2/2/2012 was also accepted by the concerned magistrate. The petitioner approached the National Insurance Company for settlement of the claim made by the petitioner for the lost of the said vehicle insured with the National Insurance Company. The petitioner also furnished a copy of the said Final Report issued by the investigating officer that the said vehicle of the petitioner could not be recovered to the National Insurance Company. The National Insurance Company with whom the said vehicle of the petitioner had been insured, called for the report from the State Crime Records Bureau, Meghalaya. 6. The State Crime Records Bureau, Meghalaya (Respondent No.4) had submitted a report dated 11-10-2012 that the said vehicle of the petitioner was recovered by the police personnel of the Lumdiengjri P.S. and because of that said report, the petitioner could not settle his claim for the lost of his said vehicle with respondent No.5, i.e., The National Insurance Company Ltd. Hence the present writ petition. 7. This court by an order dated 15-5-2013, directed Mrs N.G.Shylla, learned State counsel appearing for the respondent No.1-4 to take definite instructions:- (i) Where is the said vehicle? (ii) Who has taken over the vehicle? and (iii) On what basis the NCRB submitted the report that the vehicle had been recovered. Mrs. N.G.Shylla, learned State counsel appearing for respondent No. 1-3 had placed the instructions before this court that the 3 State Crime Records Bureau, Meghalaya had submitted the said report that the vehicle of the petitioner had been recovered by the police personnel of the Lumdiengjri P.S. on the data base of the respondent No.6 i.e., the National Crime Record Bureau. 8. It is further stated that the Superintendent of Police I/c of the State Crime Records Bureau, Meghalaya had requested the National Crime Record Bureau to make the rectifications in the data base of the NCRB that the said vehicle of the petitioner could not be recovered by the police personnel or the investigating authority. 9. The instruction so far received by Smti. N.G.Shylla, learned State counsel under the letter of the Superintendent of Police, SCRB, Meghalaya dated 22-5-2013 is placed before this court for perusal. Perused the said letter dated 22-5-2013. It is clear that the National Crime Record Bureau had been requested to make the rectifications in the data base of the NCRB that the said vehicle of the petitioner had not yet been recovered. The said letter of the Superintendent of Police, SCRB, Meghalaya dated 22-5-2013 is reproduced below: “OFFICE OF THE ADDITIONAL DIRECTOR GENERAL MEGHALAYA::SHILLONG. POLICE OF ::CID;; LetterNo.M-II/17-2006-2013/PT-VII/SCRB/122 Dt.Shillong, the 22nd May, 2013 From: Shri D.N.Jyrwa, Supdt. of Police, SCRB Meghalaya, Shillong. To, Smti N.G.Shylla Govt. Advocate Meghalaya High Court, Shillong. Sub: 1.WP(C) (SH) No. 105/2013 and Order dt 15.05.2013 of the Hon’ble High Court of Meghalaya – reg Ref: GA/MHC/C(19)09/41, dt 17-05-2013. 4 Madam, With reference to the above I am directed to furnish the following para-wise comments along with copies of documents for your information and necessary action. The petitioner lodged an FIR at Jhalupara Beat House under Lumdiengjri PS to the effect that his vehicle (Bolero) bearing registration No.ML-05- H-1814 was found missing from the place where he had parked it, near his residence. As per the records of this Office, the Superintendent of Police East Khasi Hills vide his letter No.CB/MR/23/4147 dt 17.10.2011 (Annex-1) sent monthly return of Lost/Theft/Recovery of Motor vehicles for the Month of September, 2011 in enclosing a statement in which the said Bolero was shown recovered. In this regard Annexure No.2 may kindly be referred to. On receipt of this input of recovery, the State Crime Record Bureau (SCRB), Meghalaya sent the information to the National Crime Record Bureau, New Delhi on 20-10-11 about the recovery of the said Bolero. A copy of the information sent to the NCRB may please be seen at item No.3 of Annexure 3. The petitioner appeared at this office showing a copy of report he received from the IO that the vehicle has not yet been recovered (Annexure 3A) and based on it prompted us to write to SP, East Khasi Hills District to clarify whether the vehicle was stolen or recovered vide this Office Letter No.MII/17-2006- 2012/Pt-VI.SCRB/25 dt 29-3-2012 (Annexure 4). this report The Superintendent of Police sent the reply vide his letter No.CB/MR/12/1111 dt 31-3-2012 to the effect that the vehicle was not yet recovered and the statement of recovery shown earlier was through oversight. In this regard Annexure -5 may kindly be referred to. information The above from SP,EKH, was sent from this Office to NCRB vide letter No.MII/17/2006-2012/pt/SCRB/33 dt 17-4- 2012 (Annexure-6) with a request to make rectification in the data base of the NCRB. received NCRB The Office of the to the SCRB also sent a M-II/17/2006- reminder 2012/pt/SCRB/99 dt 22-6-2012 (Annexure 7). Thereafter two more reminders were sent to NCRB vide No.M-II/17/2006- Letters 2012/pt/SCRB/221 dt 30.11.2012 (Annexure -8) and M-II/17/2006-2012/pt/SCRB/63 dt 19-4-2013 (Annecure -9). SCRB 5 Again today on checking with NCRB data is shown as the vehicle the status of base Recovered. Yours faithfully, Sd/- Superintendent of Police, SCRB, Meghalaya, Shillong.” 10. In the above factual backdrop, the respondent No. 4, i.e. the Duty Officer, State Crime Records Bureau, Meghalaya and the Director, National Crime Record Bureau, East Block-7, R.K.Puram, New Delhi, are directed to make the rectifications in the data base of the NCRB and the said report of the State Crime Records Bureau, Meghalaya dated 11-10- 2012, that the said vehicle of the petitioner, i.e. Mahindra Bolero (Tourist vehicle) bearing registration No.ML-05-H-1814 could not be recovered, within a period of two months from the date of receipt of a certified copy of this Judgment and Order. 11. Petitioner is directed to furnish a copy of this Judgment and Order to respondent No.3, 4 and 6 for compliance. 12. With the above directions, this writ petition is allowed. S.Rynjah JUDGE 6