Registrar Not Expected To Act As A Civil Court: Madras High Court Discharges Former District Registrar From Corruption Case

The Madras High Court recently discharged a former District Registrar from a corruption case observing that the materials put forward by the prosecution did not constitute any offence. The court noted that insisting a person to participate in a trial merely because the trial has commenced would violate his rights and compel him to undergo agony and anxiety. “To insist A2 [petitioner] participates in the trial merely because the trial has commenced may violate the human rights of the petitioner, for to force a person to face a trial for nothing and to compel him to undergo the agony and anxiety of its process with no need, will be a transgression upon his right not to be disturbed,” the court said. Justice N Seshasayee (now retired) observed that while registering a document, the Registrar was only required to make prima facie inquiry and not expected to act like a civil court. “While registering the document, the Registrar is only required to make a reasonable enquiry recording the registrability of the document and is not expected to act as a civil Court,” the court remarked. The court further noted that to constitute an offense under Section 13 of the Prevention of Corruption Act, the prosecution was required to produce materials that could prima facie persuade the court that it was adequate to frame charges. In the present case, the court opined that there was nothing to show that the petitioner had made personal gains with his decision which could attract the PC Act. Background The prosecution case was that in 2005, a sale deed was executed and when the document was presented for registration, it was not registered as the SRO suspected that the vendor might not have title in the property. in 2010, a complaint was preferred alleging that the sale deed was not registered for almost 5 years. Following the complaint, the IG Registration enquired with the petitioner who was working as the District Registrar and directed him to ascertain why the document was not registered. The petitioner conducted an enquiry and submitted his report. Later, finding that the property was not a puramboke land and could be registered, the petitioner advised the Sub Registrar to register the property and thus the property was registered. 7 years later, the Vigilance and Anti-Corruption Agency suo motu registered a case under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and Section 120B, 109, 465, 468 and 470 of the IPC. The V & AC argued that the property was a water body and still the petitioner directed the registration of the sale deed which constituted a conspiracy leading to criminal misconduct by abusing the official position. The final report was also filed. The petitioner argued that the final report did not indicate the commission of any offense. He pointed out that there was no indication of demand for bribe which was an essential ingredient under the Act. He further pointed out that with no complaint either from the Tahsildar or with no material to suspect the commission of the offense, the authority had “seen a devil when there was none”. The court noted that the prosecution had not brought in materials to show that the recital regarding the title of the vendor under the sale deed was illegal. The court also noted that there was no complaint about the registration of the document by the Revenue or any other department. Thus, the court opined that while registering the suo-motu case, the DVAC became over enthusiastic. Thus, noting that there were no materials, the court was inclined to allow the revision petition and discharge the petitioner from the case. Counsel for the Petitioner: Mr. Naveenkumar Murthi for Ms. S. Varsha Counsel for the Respondent: Dr. C. E. Pratap Government Advocate [Crl Side] Case Title: A. P. Raju v. The State of Tamil Nadu Citation: 2025 LiveLaw (Mad) 12 Case No: Crl. R. C. No.1102 of 2024Click Here To Read/Download The Judgment

Registrar Not Expected To Act As A Civil Court: Madras High Court Discharges Former District Registrar From Corruption Case

Upasana Sajeev

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Registrar Not Expected To Act As A Civil Court: Madras High Court Discharges Former District Registrar From Corruption Case

Upasana Sajeev

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