Fir u/s 82 of registration act
Ramesh Tikamdas Bajaj
(Querist) 22 August 2017
This query is : Resolved
Dear Sirs,
I had lodged a complaint with the sub-registrar, old custom house, Fort, Mumbai against a lease deed which was registered fraudulently,
During the hearings and investigation, I brought to the notice of the Joint District registrar that the lease deed was full of false statements. The lease deed, which was registered for 90 years also has a false copy of the share certificate as attachment.(Only the front side was attached and on the reverse, there was some tax challan regarding property taxes.In the correct share certificate, there is a memorandum of transfer, which has been hidden in the false copy, by xeroxing a tax challan on the reverse.This amounts to forgery, in my opinion.
Thus the sub-registrar, wrote to the police, asking them to file a criminal complaint be lodged under section 82 of the registration act. This was because there were many false statements and share certificate copy was not in its true form.
As the complainant, I have been following up with the police and after more than 3 months of sub-registrar's complaint letter, FIR was lodged u/s 82 of registration act.
I have given proof of the false statements and proof of the actual share certificate to the police.
How should the police investigate? They are least bothered and also the office of the sub-registrar is not at all bothered, being a Government Department.
The investigating officer has not collected the relevant papers from the sub-registrar's office. He states that it is not his job to collect the papers ,among other things.
I thought it was the duty of an IO to collect all evidence, study it properly, investigate all concerned in the lease deed, and file a proper report and charge sheet,
He must ensure that police investigation is converted into proper charge sheet and professional arguments in court which lead to convictions.
This is not being done and in this scenarion , the FIR is bound to be dismissed.
What should I do? Section 82 speaks about false statements and false copies of documents.(in this case false copy of share certificate. The Maharashtra government has issued a circular regarding this section 82.
Rajendra K Goyal
(Expert) 22 August 2017
FIR has been lodged, let the police take its time in investigation.
Can get information through RTI.
You should file separate case for cancellation of the deed.
