IMPORTANT POINT
The main legal point established in the judgment is the requirement for proper adjudication of anticipatory bail petitions, including the inclusion of the complainant as a party respondent and the appending of legible copies of the complaint and the FIR to the petition.

JUDGMENT

1. This petition has been filed by the petitioner under Section 438 Cr.P.C. seeking to enlarge her on bail in the event of arrest by the personnel of Kakching Police Station in connection with FIR No.101(11)2021 under Sections 413/420/471 IPC.

2. The case of the prosecution is that a complaint was filed by the younger brother of the petitioner before the learned Chief Judicial Magistrate, Thoubal under Section 190 read with Section 156(3) of Cr.P.C. for investigation by stating that the name of the petitioner was recorded in the patta of the agricultural land having patta No.994(N), C.S. Dag No.242 measuring an area of 1.40 acre at Village No.59, KakchingKhullen, Kakching Tehsil, Kakching District by using the forged signature of the complainant. Pursuant to the direction of the learned Chief Judicial Magistrate, an FIR No.101(11)2021 was registered under Section 413/420/471 IPC by Kakching Police Station against the petitioner and the case was taken up for investigation.

3. The case of the petitioner is that the complainant has made allegations against the petitioner, according to his choice and pursuant to the direction of the learned Chief Judicial Magistrate, Thoubal, the respondent police registered the instant FIR. Apprehending arrest in the hands of the personnel of Kakching Police Station, the petitioner earlier approached the learned Sessions Judge, Thoubal for anticipatory bail. Though the learned Sessions Judge granted interim pre-arrest bail to the petitioner initially, subsequently, the petition was dismissed on 21.6.2022. After the dismissal of the anticipatory bail petition, the petitioner apprehending arrest filed the present petition.

4. Opposing the petition, the respondents filed affidavit-in-opposition stating that during the course of investigation, the investigating officer examined the complainant and recorded his statement under Section 161 Cr.P.C. and had also sent requisition for furnishing related documents from the competent authority of the Assistant Survey Officer, Kakching Circle regarding mutation of case nos. which has entered the petitioner's name in the place of the complainant so as to ascertain the real fact of the case and the competent authority has not furnished the documents till date. It is stated that the petitioner is not co-operating with the investigation and not revealing the truth and has not produced any supporting documents like registration and mutation of the land in question. Hence, he prayed for dismissal of the petition.

5. Mr. Sh. Athoi, learned counsel for the petitioner submitted that based on the false allegation, an FIR has been registered by the Kakching Police Station against the petitioner. In fact, the petitioner is a pattadar of the agricultural land bearing C.S. Dag No.242 measuring an extent of 1.04 acre and the complainant has no right over the said property. The petitioner alone was in possession and enjoyment of the said land by growing paddy and other seasonal crops from time to time.

6. The learned counsel would submit that since the issue involved between the petitioner and the complainant pertains to ownership of the piece of agricultural land, if the complainant is aggrieved by the order passed by the authority concerned of the Directorate of Settlement and Land Record, he has the remedy of filing revenue appeal before the competent appellate authority as per the provisions of the Manipur Land Revenue and Land Records Act, 1960. Thus, the complainant has the remedy under the provisions of the said Act for ventilating his grievances. In such circumstances, the criminal court has no role to play.

7. The learned counsel urged that certain procedures have to be followed while recording the name of a person in respect of land property as provided under the relevant provisions of law. In the State of Manipur in respect of surveyed land the same is governed by the Manipur Land Revenue and Land Reform Act, 1960 as well as the provisions of the Indian Registra