NAREN CHANDRA NASKAR Vs. ARUN BHATTACHARYA

JUDGEMENT

(1.) Leave granted.

(2.) Two Conveyances in respect of two different plots of land, both shown to have been registered before the District Registrar, South 24 Parganas, West Bengal, on 14.3.1989, being Deed No.3203 of 1989 and recorded in Book No.1, Volume No.75, at Pages 167-174, have given rise to Alipore Police Station Case No.110 of 2006. The said complaint was filed by Shri S.K. Debnath, the District Registrar, South 24 Parganas, in respect whereof a charge-sheet has been submitted against the appellant herein alleging the commission of offences under Sections 471/420 IPC. Both the purchasers claimed to be in undisturbed possession of the lands forming the subject matter of their respective Conveyances.

(3.) The controversy relating to the complaint filed by the District Registrar, South 24 Parganas, is with regard to the identical registration details and the fact that the sale deed of the respondent No.1 was not traceable in the records of the office of the complainant. Claiming the deed of the appellant herein to have been forged and wrongfully placed in Volume 75 of 1989 in Index I, maintained in the District Registrar's office, Alipore, the respondent No.1 filed a writ petition before the High Court, inter alia, alleging that his Deed, which was the genuine deed, had been removed from the records and replaced with the forged deed of the appellant herein. He therefore, prayed for a direction upon the concerned respondents, and, in particular, the respondent No.2, to remove the appellant's deed from the records and to restore his deed in its place. The other relief sought for by the respondent No.1 herein was for a direction upon the respondent No.4, the Officer in-Charge, Alipore Police Station, South 24 Parganas, to cause a thorough inquiry on the basis of the First Information Report lodged by the District Registrar, South 24 Parganas, and to proceed against the culprits in accordance with the law.