Karnataka High Court
Vijayamahantesh S/O Sangayya Swamy vs The State Of Karnataka And Anr on 6 July, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC-K:4986
WP No. 202886 of 2022
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 6TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 202886 OF 2022 (GM-RES)
BETWEEN:
1. VIJAYAMAHANTESH S/O SANGAYYA SWAMY
AGE 42 YEARS, OCC. SDA (IN CHARGE SUB
REGISTRAR), R/O HULIGUDDA AREA, LINGASUGUR
TOWN, DIST RAICHUR, SUB REGISTRAR
LINGASUGURU R/O SUB REGISTRAR OFFICE,
LINGASUGURU, TQ LINGASUGURU, DIST RAICHUR
KARNATAKA
...PETITIONER
(BY SRI. MAHANTESH PATIL,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA AND ANR
R/BY ADDL. SPP, HIGH COURT OF KARNATAKA,
KALABURAGI BENCH 585202, THROUGH
Digitally signed by
LUCYGRACE LINGASUGURU P.S., RAICHUR)
Location: HIGH COURT
OF KARNATAKA
2. MAHADEVAPPA S/O GARADAPPA
AGE 50 YEARS, OCC. AGRICULTURE, R/O
BAYALUGUDDA VILLAGE, NOW RESIDING AT MATUR
VILLAGE, MASKI TALUKU, DIST RAICHUR 584101
...RESPONDENTS
(BY SRI SHARANABASAPPA M PATIL, HCGP FOR R1,
R2 - SERVED)
THIS WRIT PETITION FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA R/W 482 OF CR.P.C, BY THE
ADVOCATE FOR PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO, A) ISSUE A WRIT
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NC: 2023:KHC-K:4986
WP No. 202886 of 2022
IN THE NATURE OF CERTIORARI TO QUASH THE
REGISTRATION OF FIR AND INITIATION OF CRIMINAL
PROCEEDINGS IN CRIME NO. 222/2022 BY THE LINGASUGUR
PS / RESPONDENT NO. 1 POLICE FOR THE OFFENCES
PUNISHABLE U/SECS. 416.419,464,468,420 OF IPC PENDING
ON THE FILE OF PRL CIVIL JUDGE (JR.DN) AND JMFC COURT,
LINGASUGUR DIST RAICHUR VIDE ANNEXURE- A, IN THE
INTEREST OF JUSTICE.B) ISSUE SUCH OTHER WRIT OR ORDER
OR DIRECTION AS THIS HONOURABLE COURT DEEMS JUST
AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE
CASE AND ALLOW THIS WRIT PETITION, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The registration of FIR for the offences punishable under Sections 416, 419, 464, 468, 420 of IPC is impugned in this petition by the accused No.6.
2. The summary of the charge sheet is that, the subject land belongs to the informant, and the accused No.2, by impersonating the informant, executed an unregistered sale deed in respect of the subject land in favour of the accused No.1, and the accused Nos.3 and 4 are the witnesses. On 17.11.2021, the unregistered sale deed without possession was registered in the office of which the accused is the Sub- Registrar.
3. Though the respondent No.2 has been served with notice, he has not chosen to appear in person or through his counsel.
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4. Heard the learned counsel for the petitioner - accused No.6 and the learned High Court Government Pleader for the respondent No.1 - State.
5. Perusal of the FIR lodged by the respondent No.2 indicates that, the only allegation against the petitioner is that, he has registered the sale deed by colluding with the other accused. The petitioner while discharging his duty as Senior Sub-Registrar is required to look only into as to whether the documents produced are in order, and he is not under an obligation to verify the genuineness of the documents produced for registration. Rule 73 of the Karnataka Registration Rules, 1965 specifies that, the duty of registering officer is not to enquire into the validity of a document brought to him for registration, or to attend to any written, or verbal protest against the registration of a document. The co-ordinate Bench of this Court in Sulochanamma 4 vs. H.Nanjundaswamy and others reported in 2001(1) KLJ 215 has held that, Sub- Registrar is entrusted with the duty of registering the documents in accordance with the provisions of the Act, and he is not authorized to go into the genuineness or otherwise of the document. Even otherwise, at the utmost, it may amount to dereliction of duty, and does not constitute an offence punishable as alleged against the petitioner. Hence, the impugned FIR is not sustainable in law. Accordingly, I pass the following:
ORDER
i) Writ petition is allowed. -4-
NC: 2023:KHC-K:4986 WP No. 202886 of 2022
ii) The impugned FIR dated 13.10.2022 in Crime No.222/2022 registered by the respondent No.1 - Lingasugur Police Station, Raichur, insofar as it relates to petitioner - accused No.6 is hereby quashed.
iii) The Investigating Officer shall proceed against the other accused in accordance with law only for the purpose of deciding the matter without being influenced by any of the observations made in this order.
Sd/-
JUDGE BKM List No.: 1 Sl No.: 64