- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the State.
(2.) LEARNED counsel appearing the petitioner submits that this application has been filed for quashing of the First Information Report of Dhanbad P.S Case no. 21/2013 registered under Sections 406/409/420/467/468/469/471/120B of the Indian Penal Code. Mr Mahesh Tiwari, learned counsel appearing for the petitioner submits that when one Rajni Kant P. Chouhan executed a deed of sale registered in favour of Smt. Malti Singh, it was presented before the Sub Registrar, Dhanbad for its registration. Upon executant, being identified by the witnesses, the said deed of sale was registered. Thereafter, it does appear that one Silpy Rai made a complaint before the Deputy Commissioner, Dhanbad to the effect that the registration has been done by the act of impersonation and thereby, the Deputy Commissioner, Dhanbad, directed the Sub Registrar to lodge the case under Section 83 of the Registration Act, 1908. The Sub Registrar, accordingly, lodged the case, after making preliminary inquiry and coming to the finding that the sale deed got registered by an act of impersonation. He lodged the case, which was registered as Danbad P.S Case no. 21/2013, not under Section 83 of the Registration Act, 1908. but under Sections 406/409/420/467/468/469/471/120B of the Indian Penal Code. Under that situation, when offences alleged falls within the domain of Special Legislation i.e. Registration Act, one cannot be allowed to be prosecuted under the General law. Learned counsel in this regard has referred to a provision as contained in Section 82 of the Registration Act, 1908, which reads as follows: - Section 82. Penalty for making false statements, delivering false copies or translations, false personation, and abatement. - Whoever - (a) intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; (b) intentionally delivers to a registering officer, in any proceeding under Section 19 or Section 21, a false copy or translation of a document, or a false copy of a map or plan; or (c) falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or inquiry under this Act; or (d) abets anything made punishable by this Act, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.
(3.) BY referring to that provision, it was submitted that if one falsely personates another for getting a deed of sale registered, he can be very well prosecuted under the Registration Act and, thereby, the offence of forgery or offence under Section 419 will have no application. But here in the instant case, the case has been registered not for the offence under Section 82 of the of the Registration Act, 1908 but for the offences under the Genera Law and thereby, the petitioner cannot be allowed to be prosecuted and hence, First Information Report is, fit to be set aside.;