Madras High Court
D.Mohan Kumar vs State By on 22 October, 2021
Crl.O.P.No.24145 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.24145 of 2018
and
Crl.M.P.No.13634 of 2018
D.Mohan Kumar ... Petitioner
Vs.
1. State by
Inspector of Police
City Crime Branch
Coimbatore City
Coimbatore.
2. K.Velusamy ... Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call
for the records of FIR in Crime No. 40 of 2018 dated 16.08.2018 on the file of
the First Respondent herein and quash the same.
For Petitioner : Mr. N.Ponraj
For Respondents : Mr. C.E.Pratap (For R1)
Govt. Advocate (Crl. Side)
Mr. R.Sasikumar (For R2)
ORDER
The petitioner is working as Sub Registrar within the jurisdiction of
Coimbatore City, has filed this Original Petition seeking to quash the FIR
pending against him in Crime No.40 of 2018 on the file of the first respondent
https://www.mhc.tn.gov.in/judis
herein.
Crl.O.P.No.24145 of 2018
2. The complaint against the petitioner is that he has permitted
registration of document which the second respondent/defacto complainant
alleges is a fraudulent one. The issue involved in this case covered by an earlier
judgment of this Court in Crl.OP.No.6879 of 2018 (Venmathi Vs. the Inspector
of Police, palani Town Police Station, Palani, Dindigul District and another)
wherein a similar issue was dealt with and this Court, by an order dated
31.08.2018, allowed the same and observed as follows:
''4. There is no averment in the complaint to the effect
that the petitioner had also conspired along with the other
accused person and had prepared the forged document and
thereafter, had registered the document. The complaint merely
says that the petitioner insisted for bribe and registered the
document. Whereas the petitioner, who is the Sub-Registrar is
bound to register documents produced before her for
registration on a prima facie satisfaction about the documents
and the Sub-Registrar can never raise any objection as to the
genuineness of the documents to be registered or the rights of
the parties who are parties to the document. The moment the
documents are found to be in order, the petitioner as Sub-
Registrar is bound to register the documents under the
Registration Act. The petitioner as the Sub-Registrar has only
performed her statutory duty under the Registration Act.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.24145 of 2018
5. In the considered view of this Court, the petitioner has
been unnecessarily arrayed as an accused. For the reasons
stated above, this Court come to a conclusion that no case has
been made out against the petitioner. Consequently, First
Information Report in Crime No.215 of 2015 stands quashed
insofar as the petitioner is concerned. It is made clear that the
first respondent police shall proceed with investigation insofar
as the other accused persons are concerned and file the final
report as expeditiously as possible.''
3. The issue involved in this case is squarely covered by the above
observation. Hence, this Criminal Original Petition is allowed and the FIR in
Crime No.40 of 2018 pending on the file of the first respondent is quashed.
Consequently, connected miscellaneous petition is also closed.
22.10.2021
Speaking Order/Non-speaking Order
Index :Yes/No
rli
To
1. The Inspector of Police
City Crime Branch
Coimbatore City
Coimbatore.
2. The Public Prosecutor
https://www.mhc.tn.gov.in/judis
Madras High Court.
Crl.O.P.No.24145 of 2018
M.DHANDAPANI, J.
rli
Crl.O.P.No.24145 of 2018
and
Crl.M.P.No.13634 of 2018
22.10.2021
https://www.mhc.tn.gov.in/judis
