Court directed respondent-bank to provide complete insurance details and policy copy regarding the petitioner's stolen tractor within four weeks to enable further legal remedy.
Respondent-bank to provide complete insurance details and copy of policy within four weeks.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.4465/2014 Hanuman Meena & Anr. vs. State & Anr.
DATE OF ORDER : : 4th March, 2015
**HON'BLE MR. JUSTICE MOHAMMAD RAFIQ *********
Shri Tarun Jain for the petitioners ##
By this writ petition, grievance of the petitioners is that even though petitioners have taken loan for purchase of the tractor, but the tractor was stolen by someone. Petitioner filed first information report in which the police has given negative final report for want of proof. It is contended that burden of proof is on police to find out as to who has stolen the tractor. Petitioner has filed the writ petition under Section 482 Cr.P.C. before this Court as against the order of dismissal of his protest petition by the court below. It is contended that the tractor was insured against the incident of theft, but the respondent‐bank has not provided to the petitioner the details of the insurance. If they so provide, petitioner shall recover the amount from the insurance company.
Having regard to the facts aforestated, respondent‐bank is directed to accept the request
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of the petitioner and shall provide him complete insurance details as well as copy of the insurance policy and the fact whether the insurance cover was subsisting on the date of alleged theft. Such information/documents be provided to the petitioner within a period of four weeks from the date of petitioner making application to the Branch Manager, State Bank of Bikaner and Jaipur, Branch Sawai Madhopur. Petitioner thereafter would be free
to take appropriate legal remedy on that basis.
With that direction, the writ petition is disposed of. Stay application also stands disposed of.
(Mohammad Rafiq),J.
RS/46
All corrections made in the judgement/order have been incorporated in the judgement/order being emailed. (Ravi Sharma,P.A.)
Hanuman Meena & Anr.
State & Anr.
Mohammad Rafiq
As recorded by the court registry
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