BHIMASHANKAR S/O SIDDAPPA BIRADAR vs THE STATE AND ANR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(KAR) 18050

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CRL.P No. 201171 of 2022

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 23^RD DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 201171 OF 2022 (482-)

BETWEEN:
1.
BHIMASHANKAR S/O SIDDAPPA BIRADAR
AGE 44 YEARS, OCC. SR. SUB REGISTRAR, VIJAYPUR
R/O C/O OFFICE OF SUB-REGISTRAR, SOLAPUR
ROAD, K H B COLONY, VIJAYAPURA 586103
…PETITIONER

(BY SRI AMEET KUMAR DESHPANDE, SENIOR COUNSEL FOR
SRI GANESH SUBHASHCHANDRA KALBURGI AND SRI ANANTH
S JAHAGIRDAR AND SRI DESHPANDE G V, ADVOCATES)

AND:
1.
THE STATE REPRESENTED BY SUB INSPECTOR OF
POLICE ADARSH NAGAR POLICE STATION,
GOLGUMBAZ CIRCLE, VIJAYPUR-586101 AND
REPRESENTED BY SPP HIGH COURT OF KARNATAKA,
KALABURGI BENCH 585103
2.
ABDUL GAFAR J DRAKSHI
AGE 72 YEARS, OCC. RETD. EMPLOYEE, R/O
SWATANTRA YODHAR COLONY, ATHANI ROAD,
VIJAYAPUR 586108
…RESPONDENTS
(BY SRI GURURAJ V HASILKAR, HCGP FOR R1,
SRI B K HIREMATH, ADVOCATE FOR R2)

Digitally signed
by LUCYGRACE
Location: High
Court of
Karnataka

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CRL.P No. 201171 of 2022

CRL.P FILED U/S.482 OF CR.P.C. BY THE ADVOCATE FOR
THE PETITIONER PRAYING THAT THIS HONOURABLE COURT
MAY BE PLEASED TO, ALLOW THIS PETITION AND QUASH THE
FIR AND COMPLAINT OF THE CRIMINAL CASE IN RESPECT OF
ACCUSED NO.6 / PETITIONER HEREIN IN CRIME NO.73/2022
ON THE FILE OF THE ADARSH NAGAR POLICE STATION,
GOLAGUMAZ CIRCLE, VIJAYAPUR, FOR THE ALLEGED OFFENCE
PUNISHABLE UNDER SECTION 409, 419 AND 420 OF IPC
PENDING ON THE FILE OF V ADDL. CJ AND JMFC-IV,
VIJAYAPURA. I.A.1/2022 FOR STAYI.A.1/2022 FILED U/S.482
OF CR.P.C.PRAYING TO ISSUE AN INTERIM ORDER OF STAY
DIRECTING THE RESPONDENT NO.1 TO STAYING ALL FURTHER
PROCEEDING PURSUANT TO THE REGISTRATION OF THE FIR
AGAINST THE ACCUSED NO.6 / PETITIONER HEREIN IN CRIME
NO. 73/2022 BY THE ADARSH NAGAR POLICE STATION,
GOLGUMBAZ
CIRCLE,
VIJAYAPURA,
FOR
THE
ALLEGED
OFFENCE PUNISHABLE UNDER SECTION 409, 419 AND 420 OF
IPC

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:

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CRL.P No. 201171 of 2022

The

2nd

respondent

lodged

the

FIR

before

the

jurisdictional police alleging that on verification from the office

of Sub-Registrar, he found that his brother Ataullah Drakshi

without his knowledge and by making use of the adhar card

executed a registered gift deed in favour of the brother-in-law

of the first informant in respect of a portion of the property

belonging to the first informant. It was further alleged that the

petitioner - accused No.6, who is the Sub-Registrar without

verifying the documents, in collusion with other accused

registered the gift deed. The police registered the FIR for the

offences punishable under Sections 409, 419 and 420 of IPC.

Taking exception to the same, the accused No.6 is before this

Court.

Heard the learned counsel for the petitioner -

accused No.6 and the learned High Court Government Pleader

for the respondent No.1 - State.

The allegation against the petitioner is that without

verifying the documents in collusion with the other accused has

registered the gift deed executed by the accused No.1

impersonating the first informant. This Court in the case of

Sulochanamma -vs- H Nanjundaswamy and others (2001 (1)

KLJ 215), has held that when the document is presented for

registration fulfilling all requirements, the Sub-Registrar has no

option to register the document unless the document is not in

conformity with the provisions of the Indian Registration Act,

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1908 and the relevant Rules and that the Sub-Registrar was

entrusted

with

the

duty

for

registering

documents

accordance with the provisions of the Act and he was not

authorized to go into the genuineness or otherwise of the

documents presented before him. In the instant case, the

accused No.6, who is the Sub-Registrar was not legally duty

bound to express opinion as to the genuineness or otherwise of

the documents, and the accused No.6 has registered the gift

deed executed by the accused No.1 in conformity with the

provisions of law. The accused No.1 is alleged to have

produced the Adhar card for identification, and the accused

No.6 is not required to verify the genuineness of the said

document. Even accepting the allegation on the face of it,

utmost, tantamount to dereliction of duty, but does not

constitute the offences alleged. Hence, the continuation of

investigation will be an abuse of process of law. Accordingly, I

pass the following:

ORDER

Criminal petition is allowed.

ii)

The impugned FIR in Crime No.73/2022 registered

by the Adarsh Nagar Police Station, Golagumbaz Circle,

Vijayapur, insofar as it relates to accused No.6 is hereby

quashed.

Sd/-

JUDGE

BKM

List No.: 1 Sl No.: 46

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