Order No.  2    dt. 14/09/2016

The complainant stated that the articles worth of Rs. 5,65,752/- were stolen from the custody of the complainant company while the said company was engaged in work of installing optical fiber cable at Bhagalpur. The complainant for the said work the tools and machineries were insured with the National Insurance Co. Ltd. After the theft of the those articles a claim was made to the o.p. but the claim was repudiated on the ground that the subject claimed do not qualify the burglary of theft and it was a case of larceny clause that is to say known person without consent or notice of the owner articles are taken.

Here in this case though Randhir Kumar lodged the FIR and in the said FIR it was stated that one Rohit Singh stayed at the site office and left with the articles and it is relevant to mention here that said Rohit Singh got the entry in the site after taking permission from Randhir Kumar thereby it cannot be said that the theft was committed.  Accordingly we hold that no case has been made out by the complainant for which the the notice is to be issued against the opposite party. As such the case is dismissed in limini.