NALINI KANTA LAHA Vs. ANUKUL CHANDRA LAHA

JUDGEMENT

(1.) In this case it appears that proceedings under Sections 465, 467, and 471 of the Indian Penal Code have been taken in the Court of the Senior Deputy Magistrate of Howrah, against the petitioners. These proceedings are in respect of a deed of sale executed by one Niroda Moyee Dasi in favour of petitioner No. 1, Nalini Kanta Laha, though ostensibly in favour of petitioner No. 3, Fakir Chandra Chakraverty. The document bears date 11th September 1915, and was registered on the 26th October 1915, before the Sub-Registrar of Amta.

(2.) The complainant in the proceedings is one Ankul Chandra Laha, who holds a conveyance of the same plot of land purporting to have beer; executed by Niroda Moyee on the 10th October 1915 This document was presented for registration to the Sub-Registrar of Howarh on the 25th of October and was ultimately registered under the order of the District Registrar on the 2nd December 1915. The complainant s ease is that the document in favour of Nalini Kanta and Fakir Chandra has been fraudulently antedated, and his complaint was made before the District Magistrate of Howrah as against the 1st, 3rd, 4th and 5th petitioners on the 12th July 1916, and as against the 2nd petitioner on the 2nd August 1916. Both complaints were transferred by the District Magistrate to the Deputy Magistrate for disposal.

(3.) The complaints, it may be observed, were made after preliminary proceedings which continued before the Sub-Registrar of Amta, the District Registrar and an enquiring officer from the 28th of October 1915 to the 29th of June 1916. The offences charged are the alleged fabrication of the document on or about the 28th of October 1915, and the fraudulent use thereof before the Sub-Registrar of Anita on that date.