A Sub Registrar cannot be held liable for offences related to property registration without specific allegations in the FIR, as per the provisions of the Registration Act.

ORDER :

1. This Criminal Original Petition has been filed to quash the First Information Report in Crime No.10 of 2024 on the file of the first respondent police.

2. The learned counsel appearing for the petitioner would submit that the second respondent lodged a false complaint against the petitioner and others before the first respondent and a case has been registered in Crime No.10 of 2024 for the offences under Sections 120(b), 420, 465, 468, 471, 294(b) and 506(2) of IPC and this petitioner was arrayed as sixth accused in this case. Infact this petitioner was arrayed as an accused on the ground that he registered the document while he was acting as a Sub Registrar in the concerned Registrar Officer. As per the case of prosecution the properties in S.No. 2/1, 1/5, 1/6, 6/1, 2/2, 6/2, 6/3, 7/2, 1/1, 1/2A,1/2B,1/3,1/4,3/2,7/1 at Ammapatti Village , Sattur Taluk, Virudhunagar District to an extent of 27 acres and 70 cents belongs to M/s. IVR Prime Developers (Arakku) Pvt Ltd, Hyderabad, Andhra Pradesh. Two properties were purchased through power agent of the company namely N.S.Mani on various dates. The defacto complainant decided to purchase the property @ Rs.3,10,000/- per acre and paid a sum of Rs.85,87,000/- to the above said persons and additionally paid a sum of Rs.6,00,000/- towards registration charges totally Rs.91,87,000/- was paid and obtained two sale deeds on 05.02.2024 and 23.02.2024 respectively. At the time of registration of the parent documents were not given to the defacto complainant by A3 to A5. Later the defacto complainant came to know that the private company did not give any power to N.S. Mani and the power of attorney deed was created and forged. Hence he lodged a complaint and based on the same, the First Information Report has been registered . This petitioner was arrayed as sixth accused and he is working as Sub Registrar. Infact this petitioner registered documents as per Section 52 of the Registration Act. As a registering officer he did not have any power to verify the title and ownership of the person who alienates his/her property, therefore there is no dishonest intention to cheat the defacto complainant and he only acted as per the provisions of the Registration Act and no any offence is made out as against this petitioner. Therefore only with malafide intention the petitioner has been arrayed as one of the accused in this case, thereby the registration of the First Information Report is abuse of process of law and the same is liable to be quashed.

3. The learned Government Advocate (Crl. Side) appearing for the first respondent would submit that based on the complaint given by the second respondent the first respondent registered a case in Crime No.10 of 2024 for the offences under Sections 120(b), 420, 465, 468, 471, 294(b) and 506(2) of IPC and the case is under investigation and at this stage the First Information Report cannot be quashed and hence petition is liable to be dismissed.

4. The learned counsel appearing for the second respondent would submit that the petitioner along with others conspired together and created forged power of attorney deed. Thereafter the first accused along with other have sold the property to the defacto complainant by suppressing material facts and without any title they cheated the defacto complainant to the tune of Rs.91,87,000/- and thereby he lodged a complaint and a case has been registered and the investigation is pending. The registering authority colluded with the other accused and registered the documents, therefore it needs elaborate investigation and therefore petition is liable to be dismissed.

5. Heard both sides and perused the materials available on record.

6. As per the case of prosecution the A1 to A5 cheated the defacto complainant by executing sale deed without any title over the property and same was registered by the sixth accused who is the petitioner herein, without verifying the documents the petitioner due to conspiracy entered between