Legal Question in Criminal Law in India

Dear Sir,

I wish to have your advices on the following:

A marine claim was reported in my office and a surveyor was deputed for assessment by my higher office, all the required formalities were completed and the claim was recommended by my junior officers and me fo be settled at higher office, again it was scrutinized there by an officer and settled by the appropriate authorith. The file was sent for payment to my office.

The insured had farudelently taken insurance at other office also and taken a claim there too. This came to light after the other office reported the matter to CBI. This case was also taken up by CBI and charge sheet filed against 4 persons including the Insured. In the meantime Insured deposited the full amount in the company an also expired in the meantime. CBI asked for sanction for criminal case from the company, the company sanctioned approvea against me ( just recommending officer) and refused sanction against the settling authority, who had got right connections,

Please advise how I should move forward

regards

naresh


Asked on 4/22/10, 12:52 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

all the papers related to your case and the offence alleged need to be perused before any opinion can be given on such a sensitive issue.

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Answered on 4/22/10, 1:06 am
Shrichand Nahar S.V.Nahar, Advocate

It appears that case is made only against you exonerating other concerned in your office.

Right now you may consider approaching the high court for quashing - Quashing by high court is possible only in exceptional cases/circumstances.

After investigation, CBI may submit a Report that no case is made out against your OR may submit a Charge Sheet - In case of Charge Sheet you can apply for discharge, if the material against is not sufficient.

Failing this also, you need to proceed with the trial.

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Answered on 4/22/10, 2:32 am
Pravin Vaidya Independent

Entire case papers need to be perused for giving advice in the matter

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Answered on 4/28/10, 4:28 am


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