- (1.) This petition has been filed for a direction upon the Registrar appointed under The Registration Act, 1908 (the Registration Act) to decide the application dated 18 April 2016 filed by the petitioner under Section 340 of the Code of Criminal Procedure 1973 (1973 Cr.P.C.) in proceedings that had been initiated under Sections 40/41 of the Registration Act by respondent No. 3- Irshad Ahmad against Shamshad and others for registration of a Will deed.
(2.) It is stated that Irshad Ahmad produced a Will deed dated 4 June 1996 before the Registrar on 20 March 2013 for its registration. This Will deed was registered on 1 May 2013. It is also stated that Irshad Ahmad had in the course of the proceedings produced a letter dated 14 March 2014 said to have been issued by the consulate at Jeddah in Saudi Arabia. The petitioner alleges that the said letter is a forged document. It is for this reason that the application was filed by the petitioner under Section 340 of 1973 Cr.P.C. before the Registrar for taking appropriate action.
(3.) Ms. Meenakshi Singh, learned counsel appearing for the State has raised a preliminary objection that the application filed by the petitioner under Section 340 of the 1973 Cr.P.C would not be maintainable before the Registrar as proceedings before him are not proceedings before a 'Court'. In support of this contention learned counsel has placed reliance on a judgment of the Supreme Court in Keshab Narayan Banerjee and others v. State of Bihar, 2000 1 SCC 607. The submission is Section 340 of 1973 Cr.P.C. provides that 'Court' would have the same meaning as in Section 195 and that the definition of 'court' in Section 195 admits of no doubt that a Registrar would not be a 'court'.;