Case Note & Summary
The petitioner, Sri Raghavendra A, was working as Senior Sub-Registrar at Basavanagudi Division, Bengaluru. In the course of his official duties, he registered certain gift deeds presented before him under the Registration Act, 1908. Subsequently, a private complaint was lodged by the second respondent, Sri B.N. Sreekantaswamy, alleging that the gift deeds were forged and that the petitioner had abetted the forgery. The police registered FIR No.195/2016 for offences under Sections 420, 465, 468, 471, 120B of the Indian Penal Code, 1860. After investigation, a charge sheet was filed against five accused persons, but the petitioner was not named as an accused. However, on 20-04-2023, the Chief Metropolitan Magistrate, Bengaluru, allowed an application filed by the prosecution under Section 319 of the Code of Criminal Procedure, 1973 (CrPC) and summoned the petitioner as accused No.6 in C.C.No.11657/2017. Aggrieved by this order, the petitioner filed the present writ petition under Article 226 of the Constitution of India read with Section 482 CrPC seeking quashing of the summoning order and the entire proceedings against him. The High Court examined the allegations and found that the petitioner had merely performed his statutory duty of registering documents. There was no allegation that he had any knowledge of the alleged forgery or that he acted with any criminal intent. The court held that the essential ingredient of mens rea was absent, and the petitioner could not be held liable for abetment or criminal conspiracy. The court also noted that the petitioner was not named in the FIR or charge sheet, and the summoning under Section 319 CrPC was not justified. Accordingly, the court allowed the petition, quashed the order dated 20-04-2023, and discharged the petitioner from the proceedings.
Headnote
A) Criminal Procedure Code - Section 319 CrPC - Summoning of Additional Accused - Official Act - The court held that a public officer acting in discharge of statutory duties under the Registration Act, 1908 cannot be summoned as an accused under Section 319 CrPC for offences under Sections 420, 465, 468, 471, 120B IPC in the absence of any allegation of mens rea or criminal intent. The mere registration of gift deeds does not constitute abetment or conspiracy. (Paras 6-10)
B) Indian Penal Code, 1860 - Sections 420, 465, 468, 471, 120B IPC - Cheating, Forgery, Criminal Conspiracy - Mens Rea - The court observed that for offences involving cheating and forgery, mens rea is an essential ingredient. A public officer registering documents in routine course of duty without knowledge of any fraud cannot be attributed with criminal intent. (Paras 7-9)
C) Registration Act, 1908 - Duties of Registering Officer - The court noted that the petitioner, as Senior Sub-Registrar, was bound to register documents presented before him in accordance with the Act and Rules. No allegation of violation of any provision of the Registration Act was made against him. (Paras 2, 8)
Issue of Consideration
Whether a public officer performing statutory duties of registration can be summoned as an accused under Section 319 CrPC for offences of cheating, forgery, and criminal conspiracy without any allegation of mens rea or criminal intent.
Final Decision
The High Court allowed the writ petition, quashed the order dated 20.04.2023 passed by the Chief Metropolitan Magistrate, Bengaluru in C.C.No.11657/2017 insofar as it relates to the petitioner, and discharged the petitioner from the proceedings.
Law Points
- Criminal law
- Quashing of criminal proceedings
- Section 319 CrPC
- Abetment
- Criminal conspiracy
- Mens rea
- Official act
- Registration Act
- 1908
Case Details
2023 LawText (KAR) (06) 71
WP No. 11639 of 2023 (GM-RES)
Sri. Satish K. for petitioner; Sri. Mahesh Shetty, HCGP for R1; Sri. B.N. Sreekantaswamy, party-in-person for R2
The State by Basavanagudi Police Station and Sri. B.N. Sreekantaswamy
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India read with Section 482 CrPC seeking quashing of order summoning petitioner as additional accused under Section 319 CrPC and all further proceedings.
Remedy Sought
Petitioner sought quashing of PCR No.8217/2016, FIR in Crime No.195/2016 dated 01.09.2016, and order dated 20.04.2023 in C.C.No.11657/2017 insofar as it relates to the petitioner (proposed accused No.6) and all further proceedings.
Filing Reason
Petitioner, a Senior Sub-Registrar, was summoned as accused No.6 under Section 319 CrPC for offences under Sections 420, 465, 468, 471, 120B IPC despite having only performed his statutory duty of registering gift deeds without any allegation of mens rea or criminal intent.
Previous Decisions
The Chief Metropolitan Magistrate, Bengaluru, passed order dated 20.04.2023 in C.C.No.11657/2017 allowing prosecution's application under Section 319 CrPC and summoning the petitioner as accused No.6.
Issues
Whether the order summoning the petitioner under Section 319 CrPC is sustainable in the absence of any prima facie case against him?
Whether a public officer performing statutory duties can be attributed with criminal intent for offences under IPC without evidence of mens rea?
Submissions/Arguments
Petitioner argued that he merely registered gift deeds in his official capacity as Senior Sub-Registrar under the Registration Act, 1908, and there was no allegation of any criminal intent or knowledge of forgery.
Respondent/State contended that the petitioner abetted the forgery by registering the documents, but the court found no material to support this.
Ratio Decidendi
A public officer performing statutory duties under the Registration Act, 1908 cannot be summoned as an accused under Section 319 CrPC for offences under Sections 420, 465, 468, 471, 120B IPC without any allegation of mens rea or criminal intent. The mere registration of documents does not constitute abetment or criminal conspiracy.
Judgment Excerpts
The petitioner is before this Court calling in question order dated 20-04-2023 passed by the Chief Metropolitan Magistrate, Bengaluru in C.C.No.11657 of 2017 by which the petitioner is sought to be dragged into the case on an application filed by the prosecution under Section 319 of the Cr.P.C.
The petitioner at the relevant point in time was working as Senior Sub-Registrar, Basavanagudi Division, Bengaluru.
When so functioning, the petitioner is said to have registered gift deeds brought before him in terms of the Act and the Rules i.e., Registration Act, 1908.
Procedural History
A private complaint was lodged by the second respondent leading to FIR No.195/2016 dated 01.09.2016 for offences under Sections 420, 465, 468, 471, 120B IPC. After investigation, charge sheet was filed against five accused persons, excluding the petitioner. On 20.04.2023, the Chief Metropolitan Magistrate allowed an application under Section 319 CrPC and summoned the petitioner as accused No.6 in C.C.No.11657/2017. The petitioner then filed the present writ petition under Article 226 of the Constitution read with Section 482 CrPC seeking quashing of the summoning order and proceedings.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 319, 482
- Indian Penal Code, 1860 (IPC): 420, 465, 468, 471, 120B
- Registration Act, 1908:
- Constitution of India: Article 226
