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
