Law: Penal Code (XLV of 1860)

Section: 420,468,471

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Criminal Procedure Code (V of 1898)

Section: 249-A

(a) Penal Code (XLV of 1860)--- ---Ss. 420, 468 & 471---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal Procedure Code (V of 1898), S.249-A---Cheating, forgery, using as genuine a forged document and illegal gratification---Application for acquittal---Complainant got registered a case to the effect that her land was fraudulently sold out without her knowledge through appointment of local commission by forging identity card in connivance with the staff of Sub-Registrar---Petitioners who were serving in the office of the Sub-Registrar at the relevant time were associated in the investigation along with the vendor, the vendees and the attesting witnesses of the alleged bogus sale-deed and the petitioners were placed in Column No.2 of the report under S.173, Cr.P.C., with the recommendation that the case to their extent be dropped---Despite said recommendations of Investigating Officer, Trial Court summoned the petitioners to face the trial---Application filed by the petitioners under S.249-A, Cr.P.C. was dismissed---Validity---Nothing was on record showing that .the petitioners had played any fraud with the vendor or the vendees---Petitioners were neither named in the F.I.R. nor any specific role of connivance had been levelled by the complainant therein---Prosecution was bound to show the role played by the petitioners in the appointment of Local Commission on whose report the alleged bogus sale-deed was registered, but it had failed to do so---No incriminating material was available with the prosecution to link the petitioners with the preparation of forged sale-deed---Merely being on staff of Sub-Registrar, the petitioners could not be presumed to have facilitated the alleged forgery; there must be some cogent and solid evidence to involve the petitioners in the case---No plausible reasons had been given by the Trial Court for summoning the petitioners to face the trial along with their co-accused named in the F.I.R.---Observations made by Trial Court that resort to S.249-A, Cr.P.C., could not be made till recording of prosecution evidence was erroneous and devoid of any legal force---Prosecution had failed to show availability of any material…

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