TRAMBAKLAL MANIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 07.09.2013 of learned S.D.J.M., Balasore taking cognizance of the offences punishable under Sections 420 / 418 / 467 / 468 / 471 / 120-B / 34 , I.P.C . and Section 81 of the Registration Act against the petitioners in T.R.Case No.1169 of 2005.

(2.) The Inspector General, Registration, Odisha lodged a report before the Superintendent of Police, Balasore on 23.06.2005 alleging that on receipt of some information that 51 Sale Deeds have been registered in the office of the District Sub-Registrar, Balasore wherein the dates put on each page of those Deeds have been tampered with from 13.05.2004 to 18.09.2004 with an intention to defraud the Government, he made an enquiry and found out that the Sale Deeds were actually executed on 13.05.2004 and as per Section 23 of the Registration Act, the Sale Deed has to be presented before the Registering Authority within four months from the date of execution which according to Section 25 of the said Act can be extended for another four months subject to condonation of delay by the A.D.M.-cum-District Registrar on payment of extra amount. He alleged that the 51 Sale Deeds were executed on 13.05.2004 and the period of four months expired on 13.09.2004. But the documents were presented for registration on 14.01.2005 i.e. after expiry of eight months from the original date of execution on 13.05.2004. He further alleged that the officers of the Office of the Sub- Registrar in connivance with the parties over-looked the date which was manipulated from 13.05.2004 to 18.09.2004 and registered the documents which were invalid and void being time-barred. It was further alleged in the F.I.R. that the documents having become void, should have been refused to be admitted for registration but by the fraudulent acts of the concerned officials huge loss was caused to the State Exchequer. It was also submitted that the matter may be handed over to the C.I.D, C.B. for investigation. It was also alleged in the F.I.R. that the Sale Deeds were executed by the Power of Attorney Holder of American Baptist Mission in respect of a huge patch of valuable land even though a dispute was pending before the civil court about the genuineness of the authority of such Power of Attorney Holder.

(3.) Pursuant to the F.I.R., Balasore Town P.S. Case No.225 of 2005 was registered under Section 81 of the Indian Registration Act against three officials of the Office of the Sub-Registrar, Balasore who were allegedly involved in the acts. Thereafter, the investigation was transferred to C.I.D, Crime Branch, Odisha for investigation and after completion of investigation the charge sheet was submitted under Sections 420 / 418 / 467 / 468 / 471 / 120-B / 34 , I.P.C . and Section 81 of the Registration Act against 34 accused persons including the present petitioners. By the impugned order dated 07.09.2013 the learned S.D.J.M.,Balasore took cognizance of all the offences against 34 accused persons.