R N Aggarwal (CEO) 09 June 2011

Help against frauds in Registered Sale Deeds

BRIEF DETAILS OF CRIME: An Officer of UP Govt. in alliance with few property dealers etc. (accused herein) are doing this crime and played frauds in registered sale deeds of a private property. Its first registered Sale Deed was written in English by me (first vendor), in which later un-authorized (without my counter signatures) rubbings, cuttings etc. were done by few accused. Its subsequent 3 registered Sale Deeds + 1 registered Correction Deed were written in Hindi by accused after doing wrong translation of first Sale Deed i.e. to harm the financial interest of first vendor (me). These accused want to invlove the adjoining property of first vendor (me) in those fraudulent Sale Deeds. Accused are able to manuplate even Police which has not been co-operating with the complainant (me).

BRIEF ACTION TAKEN BY ME IN COURT: A private complaint [u/s 156(3) CRPC] was filed by me for crimes triable u/s 420, 467, 468, 471, 409, 406 & 120B IPC against total 11 persons (accused) i.e. set of four subsequent buyers / sellers etc. It is filed in a court falling under the 'Allahabad High court’. Trial Court itself registered the case after police report, and also later issued Summoning order (u/s 204 CRPC) whereby 11 accused are summoned to face trial u/s 420 IPC.

BRIEF ACTION TAKEN BY ACCUSED: Five of these 11 accused, filed two revision petitions before the Session Judge u/s 397 CRPC, without even appearing before the trial court. Plea taken by 5 accused (without pleading not-guilty) is that it is a case of civil nature besides questioning the jursdiction and manner of trial court. Original file was summoned by the revision court. Last filed Cr. Rev. was also merged by the Session court with the first one & case file was transferred to the court of ‘Additional Session Judge’ for further hearing & decision.

MY SUGGESTED PLEADINGS BEFORE REVISION COURT: I intend to plead my case through arguments (copy of my main arguements to be submitted in writing also) in the revision court in following manner:

1. Prima facie criminal case has been made out.

2. It is not rarest of rare cases.

3. It is not a case of civil nature.

4. Revision of summoning order is not maintainable u/s 397 (2) CRPC as it is an interlocutory order.

HELP NEEDED:

Q1: Is there any other argument I may take?

Q2: Could you please suggest latest orders by the Supreme Court and Allahabad High Court in favor of above arguments & also to submit main arguments in writing to the revision court?

Q3: If the said revision petition is dismissed and decided in my favor then can that court order be appealed in High Court [which is prohibited u/s 397(3) CRPC]?

Q4: What will happen to other 6 summoned accused out of total i.e. who are not appearing in Cr. Rev., till pendancy of this matter (including main file) in Revision court?

Q5: At what stage can I file a caveat in High Court and Supreme Court, so that this case is not further registered there by any of these 11 accused (including not appearing in this Cr. Revision)?

Q6. At what stage can I also introduce sec. 81 & 82 of "Registration Act", which also cover the above-said crimes.

Q7. Should the registered Deed Writers of these fraudulent registered Sale Deeds etc. also be made accused in this case and (if yes) now at what stage they can included?

Thanks.

R. N. Aggarwal

Reply Follow

3 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 10 June 2011

Dear Querist,

Pl note following:

I. Pl study Adalat Prasad case decided by the Hon'ble Supreme Court of India recently regarding law on summoning order.

II. Your arguments so mentioned in your query are enough but support it by case laws.

III. They may choose filing Section 482 CrPC revision petition.

IV. The other 6 accused shall face their consequences provided the pleading (in Sessions Court) do suggest so.

V. You may consider filing caveat petition in High Court and/or Supreme Court, as soon as order on revision is passed.

VI. By a separate proceeding you may invoking sec. 81 & 82 of Registration Act to seek imposing penalty and punishment to the accused.

Trust this would suffice.

Rabin Majumder

No. 91, Sh AK Sen Chambers Block

Supreme Court of India.

R N Aggarwal (CEO) 10 June 2011

1) THIS MATTER IS OF GREAT IMPORTANCE TO ALL REAL ESTATE OWNERS: Thanks for your guidance. If the details of the property in sales deeds can be changed & registered like this, then nobody's property is safe.

2) ADALAT PRASAD CASE: I have already studied "Adalat Prasad case". Though earlier High Court had dismissed that case and had sent it back to trial court, but it mainly relates to the self revision by "TRIAL COURT" u/s 203 CRPC. Summons are issued u/s 204 CRPC i.e. after court leaves sec. 203 CRPC behind.

3) However, here revision is sought by the opposite party (accused) u/s 397 CRPC and that too before the Session Court. Under this section (397 CRPC) High Court & Session Court have equal jurisdictions.

4) I understand recently (in year 2011) Supreme Court has declared that summoning order issued u/s 204 CRPC is also an interlocutory order. One of the parties in that case is said to be "Father Thomas". Earlier it was not declared that it is not interlocutory order. If it is now so, then revision of summoning order is not maintainable u/s 397 (2) CRPC.If anyone has any details of that supreme court order of 2011, please let me know. I have not been able to search it.

5) Section 397 (3) CRPC: It clearly prohibits consideration of "Criminal Revision" by High Court against orders issued by Session Court. Does it not include Sec. 482 CRPC also? Without getting the facts of the case in detail on record, will it suit the Criminal Code to continue to spend the precious times of the superior courts, when they are not allowed to evalueate the facts of the crime at that stage i.e. without facts brought on record by the "Trial Court".

Your views are souhgt please.

Thanks

R. N. Aggarwal

R N Aggarwal (CEO) 11 June 2011

Briefly your views are please sought, about the following issues:

1. Can the respondent (me) in ‘Criminal Revision’ submit his arguments in writing before the Session Court?

a. If yes, which order of the Supreme Court covers such details?

2. Has the Apex court recently (presumably in this year 2011 & in a case which may have 'Father Thomas' as one of the parties to the case) declared that summoning order issued u/s 204 CRPC by the ‘TRIAL COURT’ is also an interlocutory order?

a. If yes, which order of the Supreme Court details it?

3. Does "ADALAT PRASAD CASE" cover criminal revision of ‘Summoning Order’ by 'Session Court' u/s 397 CRPC also; or it only covers criminal revision by the 'TRIAL COURT' u/s 203 CRPC?

a. If it does not cover criminal revision u/s 397 CRPC, then which latest order/s of the Supreme Court cover such details about criminal revision of Summoning Order u/s 397 CRPC, in the absence of mendatory enquiries by ‘Trial Court’ which have to be beyond Sec. 203 & 204 CRPC?

4. Does the prohibition of jurisdiction of 'High Court' after decision by Session Court, as detailed u/s 397 (3) CRPC, also apply to jurisdiction of 'High Court' u/s 482 CRPC or under any other sec.?

a. If yes, which order of the Supreme Court cover such details?

5. To invoke sec. 81 & 82 of Registration Act (to seek imposing penalty and punishment to the accused) can an application be made within the present proceedings to be considered later at the time of framing charges (if any) i.e. since the "TRIAL COURT" has the power to apply any appropriate sections of criminal law to a crime at the time of framing charges?

6. Should the registered Deed Writers of these fraudulent registered Sale Deeds etc. also be made accused in this case? If yes, now at what stage they can be included?

7. How the remaining 6 accused (not represented in Session Criminal revision) can be made a party in the session court so as to get instructions to the TRIAL Court to proceed against them?