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2019 Supreme(Mad) 856

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
H.V. Vimalan - Appellant
Versus
State by The Inspector of Police - Respondents
Criminal Original Petition Nos. 27197 to 27199 of 2015
Decided on : 03-04-2019

Advocates:
Advocate Appeared:
For the Petitioner:Kamala Kumar, Advocate.
For the Respondent: V. Balamurugan, Additional Public Prosecutor.

Headnote:

Constitution of India, 1950 - Article 356 – Indian Penal Code, 1860 - Section 465, 420 r/w 120(B) and 167 r/w 120(B) - Criminal Procedure Code,1973 - Section 197 - Registration Act – Section 52 ,71 and 72 - Registration Rules - Rule 55 – Criminal Conspiracy - Cheating and dishonestly inducing delivery of property – Fogery – Charged - Petitioner was working as a Deputy Tahsildar in Department of Revenue and Disaster Management, Government - He was posted as Sub Registrar, Neravy and in charge of and Registrar Office. While so, on presented three sale deeds for registration along with a power of attorney deed executed in his favour by (defacto complainant) - After screening, he registered two documents. When he was about to register the third document, Vinotha objected contending that she has cancelled the power of attorney - Said document was registered at the Sub Registrar Office, as document No.- Later, has cancelled power of attorney executed in favour cancellation deed got registered at Office of Sub Registrar Office, as document No.106/2011 –Held, protection of Judges and public servants not removable save by sanction of Government from malicious prosecution is not for all act and not for all public servants - It is only if they are accused of any offence alleged to have been committed by him while acting or purporting to act in discharge of his official duty and by public servant who is not removable from service save by sanction of Government - Therefore, satisfaction of twin condition is essential to invoke the protection - Final report against petitioner herein is for alleged offence - No doubt, the petitioner herein is a public servant and the allegation against him is that, while discharging his duty as Sub Registrar, he has registered documents presented by a person who is not competent to present it or execute it - He has registered the documents despite objection made by the defacto complainant, the original title holder of the property who has revoked the power of attorney executed in favour of A.1 - His appointment is only by the Secretary of the concerned Department - Therefore, contention raised by the petitioner herein that his act of registering three sale deeds presented by A.1 is protected despite objection made by defacto complainant is in course of discharge of his duty prima facie not sustainable and therefore, he is liable to face prosecution and prove his innocence - In the result, three Criminal Original Petitions are dismissed.

JUDGMENT :

(Prayer in Crl.O.P.No.27191 of 2015:- This Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the final report in C.C.No.160 of 2013 on the file of the learned Judicial Magistrate No.2, Karaikal in as much as the petitioner/accused 6 is concerned.

Crl.O.P.No.27198 of 2015:- This Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the final report in C.C.No.151 of 2013 on the file of the learned Judicial Magistrate No.2, Karaikal in as much as the petitioner/accused 8 is concerned.

Crl.O.P.No.27199 of 2015:- This Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the final report in C.C.No.152 of 2013 on the file of the learned Judicial Magistrate No.2, Karaikal in as much as the petitioner/accused 3 is concerned.)

1. These Criminal Original Petitions are filed under Section 482 Cr.P.C., to quash the final report in C.C.Nos.160, 151 and 152 of 2003 on the file of the learned Judicial Magistrate No.2, Karaikal, wherein, the petitioner herein has been arrayed as accused 6, accused 8 and accused 3 respectively.

2. The final reports in the above three cases filed by the respondent indicate that between 22.12.2011 and 28.12.2011 at Sub Registrar Office, Neravy, Karaikal, the accused person noted in the charge sheet in Col.No.11 from A.1 to A.6 had criminally conspired with A.1 (Ramu @ Radhakrishnan) and A.2 (Ezhilarasi) have prepared a document relating to the properties mentioned in the document schedule (Commune No.34, TR Pattinam Natham Manai Survey No.121/505 Patta No.1242 (N) to the extent of 3 ares and 75 Santhiyar or 27.18/64 Kuzhi) with the forged power of attorney document of the complainant (Vinotha), registered some properties on 22.12.2012 in the name of A.3 (Murugan) and re-registered the above mentioned properties on 28.12.2011 in the name of A.2 (Ezhilarasi) by A.6 (Vimalan) being a public servant, which he knows or believes to be incorrect, intending thereby to cause injury to the complainant. Thus, A.1 and A.2 committed offences punishable U/s 465, 420 I.P.C., r/w 120(B) I.P.C., and A.6 (Vimalan) committed offences U/s 167 r/w 120(B) I.P.C.

3. The petitioner herein contends that the materials collected during the investigation and placed before the Court for trial does not disclose any offence against the petitioner. As a public servant, working under the District Registrar he is bound to register the documents presented for registration by any parties. Accordingly, he has done the duty in accordance with the Registration Act. When there was objection for registering the document received from the defacto complainant, he has kept the document pending without registering. Meanwhile, the party who presented the document, preferred statutory appeal before the District Registrar under Section 72 of the Registration Act, and the same was allowed. Therefore, pursuant to the order passed by the District Registrar, the petitioner has registered the subject document, which is now been alleged by the defacto complainant as forged and fabricated document executed with intention to cheat.

4. The brief facts of the case as found in the petition is that, the petitioner was working as a Deputy Tahsildar in the Department of Revenue and Disaster Management, Government of Puducherry. He was posted as Sub Registrar, Neravy and in charge of Karaikal and Thirunallar Registrar Office. While so, on 22.12.2011, Ramu @ Radhakrishnan presented three sale deeds for registration along with a power of attorney deed executed in his favour by Vinotha (defacto complainant). After screening, he registered two documents. When he was about to register the third document, Vinotha objected contending that she has cancelled the power of attorney. The said fact was denied by A.1 - Ramu @ Radhakrishnan. The relevant documents were produced by the respective parties. On perusing the documents, the petitioner found that on 28.12.2001, the defacto complainant Vinotha has executed power of att

































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