Sri Nagaraj Vs State by

THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE PROCEEDINGS AS AGAINST THE PETITIONERS IN CR.NO.58/2020 AND C.C.NO.5752/2022 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND J.M.F.C., DODDABALLAPURA FOR THE OFEFNCE P/U/S 464, 465, 466, 467, 468, 471, 472, 474, 418, 420, 120(B), 201 R/W 149 OF IPC BY THE 1ST RESPONDENT DODDABALLAPURA TOWN POLICE.

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IN CRL.P NO. 786/2023

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BETWEEN:

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SRI N RAGHU S/O NANJAPPA AGED 41 YEARS, R/AT AEKASHIPURA VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT-561 203.

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...PETITIONER

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(BY SRI. SRINIVASAN T, ADVOCATE)

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AND:

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STATE BY DODDABALLAPUR TOWN POLICE, DODDABALLAPUR

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HC-KAR

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REP BY SPP HIGH COURT OF KARNATAKA, BANGALORE-560 001.

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SRI.DEVARAJ S/O BYRAIAH B AGED 41 YEARS, SUB REGISTRAR, OFFICE OF SUB REGISTRAR, MINI VIDHANA SOUDHA DODDABALLAPUR-561 205 BENGALURU RURAL DIST.

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...RESPONDENTS

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(BY SMT.N.ANITHA GIRISH, HCGP FOR R1)

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THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE PROCEEDINGS AS AGAINST THE PETITIONERS i.e., ACCUSED NO.11 IN CR.NO.58/2020 AND C.C.NO.5752/2022 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND J.M.F.C., DODDABALLAPURA FOR THE OFEFNCE P/U/S 464, 465, 466, 467, 468, 471, 472, 474, 418, 420, 120(B), 201 R/W 149 OF IPC BY THE 1ST RESPONDENT DODDABALLAPURA TOWN POLICE.

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THESE PETITIONS, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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ORAL ORDER

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In these petitions filed under Section 482 of the Code of Criminal Procedure, accused Nos.9, 10 and 11 have sought for quashing of criminal proceedings initiated against them in C.C.No.5752/2022 on the file of Additional

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HC-KAR

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Civil Judge and JMFC, Doddaballapur, for the offences punishable under Sections 464, 465, 466, 467, 468, 471, 472, 474, 418, 420, 120(B), 201 r/w Section 34 IPC, (arising out of Cr.No.58/2020 Doddaballapura Town PS).

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In support of the petitions, the petitioners have contended that on the comprehensive perusal of the complaint and charge sheet, there is no prima facie case made out against the petitioners. False allegations are made as to the complicity of the petitioners in commission of the offences. The allegations are patently absurd and inherently improbable and as such liable to be quashed. In the complaint, there is no reference to the involvement of the petitioners. Without any basis, they had been arraigned as accused. It is alleged that one Nagaraj has attested the document dated 02.12.2019. However, accused No.9 Nagaraj is not the said attesting witness. His

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name is inserted in the application filed before the Court seeking permission to take accused No.2 to the custody.

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HC-KAR

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Even accused No.2 does not state about the complicity of the petitioners. Even if the entire allegations are accepted as true, then also there is no prima facie case to proceed against the petitioners. Continuation of the criminal proceedings would amount to abuse of the process of the Court and hence the petition.

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In support of his arguments, learned counsel for petitioner has relied upon the decision in O L. Rajendra Vs. State of Karnataka ( O.L.Rajendra )¹ .

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On the other hand learned High Court Government Pleader for respondent No.1 for State and learned counsel representing respondent No.2 would submit that complainant/respondent No.2 is the Subregistrar, office of Sub-registrar Doddabalapur. On 03.12.2019, he received a notice under Section 91 Cr.P.C from the respondent No.1 Police in connection with investigation in Cr.No.109/2019, for the offences

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1 Crl.P.No.2816/2017 dated 25.11.2021

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punishable Sections 419, 420, 465, 468, 471 IPC. The said

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notice was accompanied by copies of certain documents and enquiry was made as to whether the property referred to in the said documents is registered and if so to furnish certified copy of it. Since the said documents accompanied with the notice were bearing seal of office of the sub registrar, he cross verified volumes of book No.1 maintained in the office and found that no such documents was registered.

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4.1 He enquired with the staff working in office and came to know that earlier also there was some incident of concoction of the documents. He found that documents accompanying the notice is appended with form No.22 certified by his office, he cross verified entries for the previous and subsequent date and found that one B A Prasanna Kumar has applied for 6-7 sets of certified copies of the documents. He has also collected certain documents through RTI Act. He has also collected certified copy of LTI register of documents No.634/77-78.

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4.2 It is further stated in the complaint that whenever

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a documents is registered corresponding entries would be

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made in following Registers:

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i) Daily register A-register

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ii) Cash book

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iii) Thumb impression register

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iv) Index-02 volume

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v) Permanent documents register vi) Deed writers register

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4.3 However, there is no entry with regard to the document, which B A Prasanna Kumar has collected in the

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following registers:

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i) Book- No.1, 22102/1987-88 Gift Deed.

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ii) Book- No.1, 2586/1991-92 sale deed. iii) Book- No.1, 2276/1992-93 Gift Deed. iv) Book- No.1, 2587/1991-92 relinquishment deed. v) Book- No.1, 2588/1991-92 relinquishment deed.

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Some of the pages in the LTM register with

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reference to certain documents are missing randomly. There is also tampering and insertion in Index-02 Volume.

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On the face of it certain insertions are also found to have

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been made with regard to permanent registers in the SF volumes. In all these concocted documents, V. Sita Ram Murthy, License No.370/1980-81 is shown to be the document writer. However, when the register pertaining to said V Sita Rama Murthy was cross verified, it is found that none of these documents have any entry in the said register.

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After the verification of records, the sub-registrar has come to the conclusion that some documents have been concocted and such concocted documents are inserted in the original record. Some of the original records are tampered with and certified copies of concocted documents are collected through Form No.22 and also through RTI Act and after collecting the certified copies, some of the records are destroyed. Utilising such documents, Prasanna Kumar, Gowramma, Annayyappa, Pillamma, Lakshmamma, staff of the Sub-registrar office

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and others have tried to knock off Government and also

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private properties and action may be taken against them.

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Based on the complaint filed by the Sub-registrar, the concerned police have initially registered case in Cr.No.58/2020 for the offences punishable under Sections 464, 465, 466, 467, 468, 471, 472, 474, 418, 420, 120(B), 201 r/w Section 34 IPC against accused Nos.1 to 6 and others.

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After conducting detailed investigation, a charge sheet came to be filed against accused Nos.1 to 11, which reveal that prior to 10.06.2020, accused person entered into a conspiracy at the office of Sub-registrar, Doddaballapura, with regard to properties situated in Doddaballapur, Nelamangala, Yelahanka, Bengaluru North Taluk and other places, in respect of very valuable properties, the owners of which are not taking care since many years and have not paid taxes. Accused Nos.1, 4, 6 to 11 used to collect information with regard to such

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properties and with the help of accused Nos.3 and 5 they

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used to collect documents and handover to accused No.2.

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8.1 It is further alleged that in turn, accused No.2 in the absence of CW-22, Jageshwar, used to scan the signatures and seals on the said documents using the computer and printer in the studio of CW-22. Using form, tracing sheet, transparent sheet and heating machine, accused No.2 used to copy signatures, LTM's and seals from said documents and used to destroy them in order to conceal the evidence. Further utilising old unused blank sheets of the registers in the sub registrar office, accused No.2 used to get documents typed with the help of CW-23 Puttaraju and prepare (concoct) documents. When CW-23 Puttaraju questioned accused No.2 about the same, he used to reply that these documents relates to the land belonging to his grandmother and they are lost, therefore he is preparing them. He used to concoct documents by copying the seal, signatures of the years pertaining to which the concocted documents are prepared and insert them into the

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respective volumes of the years and destroy those original documents in which place the concocted documents were kept. Thereafter, accused persons used to collect certified copies of the concocted documents through Form No.22 and RTA. By producing the certified copies of the concocted documents, so collected from the office of the Subregistrar, before the Tahsildar office and sub-division offices and get the Katha transferred to the name of some persons, their relatives or friends. With the help of such change of khata, they have sold land in Sy.No.26/1 and 26/2 and thereby all the persons have committed the offence punishable under Sections 464, 465, 466, 467, 468, 471, 472, 474, 418, 420, 120(B), 201 r/w Section 34 IPC. Charge sheet makes out strong prima facie case against all the persons including the petitioners. A full fledged trial is required to prove the allegations and pray to dismiss the petitions.

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Heard arguments and Perused the record.

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The petitioner are seeking quashing of criminal proceedings initiated against them contending that there is no evidence to implicate them and as such the continuation of the criminal proceedings would amount to abuse of the process of the Court.

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However, the evidence placed on record indicate that while carrying out investigation in Cr.No.109/2019, the respondent No.1 police issued a

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notice under Section 91 Cr.P.C to the complainant as to whether the property reflected in the documents enclosed with the said notice are registered in the office of Subregistrar, where he is working as Sub-registrar. When he cross verified the records, he found that no such documents were registered. On enquiry with the staff, he came to know that earlier also there were some allegations of concoction of documents. He found that the documents which were accompanying with the notice were bearing seal for having issued by his office. He found that the said

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documents were collected by accused No.1 B.A Prasanna

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Kumar and he has also collected certain documents under RTI Act. He has also collected certified copy of LTI register of documents No.634/77–78. However, on examination, he

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found that there were no corresponding entries with regard to the documents, certified copy of which was collected by accused No.1 B.A. Prasanna Kumar, were made in the following registers:

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i) Book- No.1, 22102/1987-88 Gift Deed.

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ii) Book- No.1, 2586/1991-92 sale deed. iii) Book- No.1, 2276/1992-93 Gift Deed. iv) Book- No.1, 2587/1991-92 relinquishment deed. v) Book- No.1, 2588/1991-92 relinquishment deed.

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Respondent No.2/complainant also found that

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some of the pages in the LTM register with reference to certain documents were missing randomly. There is also tampering and insertion in Index-02 Volume. On the face of it, certain insertions are also found to have been made with regard to permanent registers in the SF volumes. In

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all these concocted documents, V. Sita Ram Murthy, License No.370/1980-81 is shown to be the document writer. However, when the register pertaining to said V. Sita Ram Murthy was cross verified, it is found that none

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of these documents have any entry in the said register.

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After the verification of records, the Subregistrar has come to the conclusion that some documents are concocted and such concocted documents are inserted in the original record, some of the original records are tampered with and certified copies of concocted documents which are collected through Form No.22 and also through RTI Act and after collecting the certified copies, some of the records are destroyed. Utilising such documents, Prasanna Kumar, Gowramma, Annayyappa, Pillamma, Lakshmamma, staff of the Sub-registrar office and others have tried to knock off Government and also private properties. While providing information to the concerned police, respondent No.2/complainant has come

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to know about the offences committed by the accused

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persons and has filed the complaint.

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After conducting detailed investigation, the concerned police filed charge sheet, which reveal that prior to 10.06.2020, accused person entered into a conspiracy at the office of Sub-registrar, Doddaballapura, with regard to properties situated in Doddaballapur, Nelamangala, Yelahanka, Bengaluru North Taluks and other places, in respect of very valuable properties, the owners of which are not taking care since many years and have not paid taxes. Accused Nos.1, 4, 6 to 11 used to collect information with regard to such properties and with the help of accused Nos.3 and 5, they used to collect documents and handover to accused No.2.

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Investigation further reveal that, accused No.2 in the absence of CW-22, Jageshwar used to scan the signatures and seals on the said documents using the

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computer and printer in the studio of CW-22. Using form, tracing sheet, transparent sheet and heating machine, accused No.2 used to copy signatures, LTM's and seals from said documents and used to destroy them in order to conceal the evidence. Further utilising old unused blank sheets of the registers in the Sub-registrar office, accused No.2 used to get documents typed with the help of CW-23 Puttaraju. When CW-23 Puttaraju questioned accused No.2 about the same, he used to reply that these documents relates to the land belonging to his grandmother and they are lost and therefore he is preparing them.

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Accused No.2 used to concoct documents by copying the seal, signatures of the years pertaining to which the concocted documents are prepared and insert them into the respective volumes of the years and destroy those original documents in which place the concocted documents were kept. Thereafter, accused persons used to collect certified copies of the concocted documents through Form No.22 and RTA. By producing the certified

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copies of the concocted documents, so collected from the office of the Sub-registrar, before the Tahsildar office and sub-division offices and get the Khata transferred to the name of some persons, their relatives or friends. With the help of such change of Khata, they have sold land in Sy.No.26/1 and 26/2 and thereby all the persons have committed the offences punishable under Sections 464, 465, 466, 467, 468, 471, 472, 474, 418, 420, 120(B), 201 r/w Section 34 IPC.

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The charge sheet makes out strong prima facie case against all accused persons including the petitioners. A full fledged trial is required to prove the allegations. Without providing opportunity to the prosecution to prove the allegations, the proceedings cannot be quashed at the instance of the petitioners. In the result, the petition fails and accordingly, the following:

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