KIRAN DEVI @ KIRAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is an application for quashing of F.I.R. and entire criminal proceeding in connection with Deoghar P.S.case no. 292/05 corresponding to G.R.no. 784/05 dated 20.9.2005 under section 465/466/467/477/420 and 34 of the I.P.C. pending in the Court of C.J.M. Deoghar.

(2.) THE case of prosecution as alleged in the F.I.R. is that one Chandra Bhushan Ojha, S/o Sri Raghunath Ojha, P.O. Ashoknagar, Kankarbagh, Patna excuted a sale deed in favour of petitioner, ( Smt.Kiran Devi) vide sale deed no. 3415/1994 dated 05.12.1994. It is further stated that one Sri Kamal Narayan Jha applied for certified copy of aforesaid sale deed on 06.04.2005. It is alleged that at that time, record -keeper, of Deoghar Registration Office detected that hand -writing and ink of first page of aforesaid sale deed is different from its other five pages. Thereafter, matter was brought to the notice of Deputy Commissioner, Deoghar and on his direction notice issued to Vendor, Vendee and deed writer of aforesaid sale deed. It is stated that notice on vendor has not been served, whereas vendee(petitioner) instead of filing of explanation filed a writ application in the High Court, whereas deed writer, namely, Sitaram Pandit filed his explanation in pursuance of the said notice. In the said explanation, he stated that first page of the sale deed was in his hand -writing, but the rest five pages are not in his hand -writing. He further stated that signature on the last page of sale deed is not his signature. Accordingly, District Sub -Registrar, Deoghar on the direction of Deputy Commissioner requested Officer -in -Charge Depghar police station to institute a case. It appears that on the basis of written report of District Sub -Registrar, Deoghar P.S. case no. 292/05 dated 20.9.2005 instituted under sections 465/466/467/477/420 and 34 of the I.P.C. Aforesaid F.I.R. is impugned in this application.

(3.) ON the other hand, Sri T.N.Verma, Addl. P.P. and Sri K.P.Deo, learned counsel for Opposite party no. 4, submitted that in the instant case has been instituted under sections 465/466/467/477/420 and 34 of the I.P.C, because after registration of sale deed some forgery committed in it, the sale deed kept in record -room. Thus, said offence is not covered by section 82 of the Registration Act. It is further submitted that District Sub -Registrar is competent to lodge F.I.R, because said forgery committed in his office. It is submitted that this Hon'ble Court while passing order in W.P.(C) No. 3682/2005 had stayed only operation of notice issued by District Sub -Registrar. This Court has not prohibited District Sub -Registrar from taking legal action on the basis of conclusion of an internal inquiry conducted by him. Thus question of violation of order of this Court does not arise. It is further submitted that aforesaid F.I.R. is filed by District Sub -Registrar, Deoghar on the direction of Deputy Commissioner, Deoghar, who is Registrar of the District. It is submitted that there is nothing on record to show that District Sub -Registrar and/or Deputy Commissioner Deoghar were influenced by Sujit Kumar Jha. Thus, it can not be said that District Sub -Registrar and Deputy Commissioner Deoghar had acted on the behest of Sujit Kumar Jha. Accordingly, it is submitted that there is absolutely no material to interfere with the impugned F.I.R. and/or criminal proceeding initiated on the basis of aforesaid F.I.R.