Authority: High Court of Gujarat at Ahmedabad
Order Date: 14/09/2026
Case Overview
- Parties: Applicant SANJAY BALWANT NIKAM (Development Officer) and an LIC Agent (petitioner) versus State of Gujarat & others; main accused Mukesh Mahendrabhai Darji.
- FIR C.R. No. I‑110 of 2008 (Sayajiganj Police Station, Vadodara) alleged offences under IPC Sections 406, 420, 467, 468, 471 for obtaining an LIC policy of Rs 5 lakh using forged documents and a fake death certificate.
- Criminal Misc. Application No. 10345 of 2017 (Section 482 CrPC) sought quash of the FIR; Special Criminal Application No. 9928 of 2016 (Article 226) sought quash of the charge‑sheet and earlier discharge orders.
- Applicants argued they acted in good faith, had no knowledge of forgery, and that the charge‑sheet contained no incriminating material against them.
- Respondent (State) contended that the applications should be dismissed as the FIR disclosed a prima facie case and the endorsements made by the applicants implicated them.
- The court examined the endorsements: Development Officer declared satisfaction with the identity of the proposer; LIC Agent declared he fully explained questions and recorded answers, despite the proposer being a non‑existent person.
- Evidence from village authorities confirmed that ‘Yagnesh Mahendrabhai Darji’ never resided in the village, establishing the policy was taken in a fictitious name.
Final Outcome
- Both Criminal Misc. Application No. 10345 of 2017 and Special Criminal Application No. 9928 of 2016 are REJECTED.
- The order dated 15‑07‑2016 of the 3rd Additional Civil Judge, Vadodara, and the confirming revisional order dated 09‑09‑2016 of the 11th Additional Sessions Judge, Vadodara, are UPHELD.
- The trial court is directed to continue Criminal Case No. 38896 of 2008 without influence from this judgment; interim relief, if any, is vacated.
Topics: Insurance Fraud, Criminal Procedure