THIS MATTER IS IMPORTANT TO ALL THE REAL ESTATE OWNERS:
If details of the property in REGISTERED SALES DEEDS can be altered & then registered also, then nobody's property is safe. This criminal case is revised & re-posted after more clarifications / questions & more briefly:
DETAILS OF CRIME:
Few accused herein (including a Govt. officer & few property dealers) conspired to play frauds in registered sale deeds of a private property. Its first registered Sale Deed was written in English by me (first vendor). Recently I was surprised to find that accused herein had done un-authorized rubbings, cuttings & additions etc. in said first Sale Deed, without my counter signatures therein. Over a period of 10 years, its subsequent 3 registered Sale Deeds and 1 registered Correction Deed (in April last year) are written in Hindi after doing wrong translation of above-said first Sale Deed i.e. to harm the financial interest of first vendor (me). These accused want to involve the adjoining property of first vendor (me) in those fraudulent Sale Deeds even though it is not even detailed in first sale deed (i.e. even if said frauds in first sale deed are taken on their face value) & all these years this additional property remained in possession of first vendor (me). Though it is also clearly written in said first sale deed that those 2 vendees will sign on first sale deed, but they did not sign the same. Later these 2 vendees were also involved in murder of their own family member (i.e. daughter-in-law of one vendee & wife of another vendee), perhaps in a dowry case or habitual beating. Accused are able to manipulate even Police, which has not been co-operating with the complainant (me).
MY ACTION IN COURT:
Later a civil case for stay & two private complaints [u/s 156(3) CRPC] were filed by me for crimes triable u/s 420, 467, 468, 471, 409, 406 & 120B IPC against total of 11 persons (accused) i.e. set of four buyers / sellers etc.; & second u/s 384, 504, 506 IPC against total 2 persons (out of said 11 accused). Amin appointed by Civil Court has also submitted his report. Trial Court itself registered both crimes after police reports, and also later issued Summoning Order (u/s 204 CRPC) whereby all 11 accused are summoned to face trial u/s 420 IPC & 2 of them also u/s 384, 504, 506 IPC.
ACTION BY ACCUSED IN COURT:
Even without appearing before the trial court, five of these 11 accused & one of 2 accused of second crime filed CRIMINAL REVISION before the Session Judge u/s 397 CRPC. Original files are also summoned by the revision court. Plea taken by 5 accused out of 11 & 1 accused out of 2 (without pleading not-guilty) is that it is a case of civil nature besides questioning the jurisdiction and other general manners of trial court. Last vendee has falsely stated that it is a case of contractual nature, though there has never been any contract between last vendee and complainant (me). Last filed Cr. Rev. was also merged by the Session court with the first one & these 2 crime-cases were transferred to the court of ‘Additional Session Judge’ for further hearing & decision.
MY SUGGESTED PLEADINGS BEFORE REVISION COURT:
I wish to plead as follows:
P1. Prima facie criminal case has been made out.
P2. It is not rarest of rare cases.
P3. It is not a case of civil nature.
P4. Revision of summoning order is not maintainable u/s 397(2) CRPC as it is an interlocutory order.
HELP / CLARIFICATIONS NEEDED:
Your views are sought, about the following 9Qs with case laws / citations (if possible):
Q1. ARGUMENTS IN WRITING BEFORE ADDITIONAL SESSION COURT:
Can the respondent (me) in ‘Criminal Revision’ submit arguments in writing (before or at times of verbal arguments) i.e. in the Additional Session Court?
Q2. SUMMONING ORDER AS AN INTERLOCUTORY ORDER:
Has the Apex court recently declared that summoning order issued u/s 204 CRPC by the ‘TRIAL COURT’ is also an interlocutory order (presumably in year 2011 & in a case which may have 'Father Thomas' as one of the parties to the case)?
Q3. SEC. 397(3) & 399(3) CRPC:
Can accused file Revision Petition u/s 482 CrPC (or any other law) before ‘HIGH COURT’ i.e. after decision by Session Court? If yes, what is the use of the prohibition imposed on ‘HIGH COURT’ as detailed u/s 397(3) & 399(3) CRPC?
Q4. SEC. 81 & 82 OF REGISTRATION ACT:
To seek imposing penalty and punishment to the accused u/s Sec. 81 & 82 of Registration Act also, can an application be made now u/s 216 CRPC (within the present proceedings at the ‘TRIAL COURT’) i.e. to be considered later at the time of framing charges (if any) against accused?
Q5. DEED WRITERS:
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?
Q6. STATUS OF REMAINING 6 ACCUSED:
How the remaining 6 accused (not represented in Session Criminal revision so far though 2 of them dully served with summons & 4 summons returned as not serviced by police) can be made a party in the session court so as to get instructions to the ‘TRIAL COURT’ to proceed against them also? Can any one of them later take this matter to ‘Session Court’ or High Court’ for revision purposes?
Q7. CASE LAWS U/S 397 CRPC:
Which latest order/s of the Supreme Court cover criminal revision of Summoning Order u/s 397 CRPC, in the absence of mandatory enquiries by ‘Trial Court’ which have to be beyond Sec. 203 & 204 CRPC? 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?
Q8. CAVEAT IN HIGH COURT AND SUPREME COURT:
At what stage can I file a caveat in Session Court, High Court and Supreme Court so that no further time is wasted by accused including remaining said 6 accused?
Q9: IS THERE ANY OTHER PLEADING I MAY MAKE?
Thanks
R.N. Aggarwal
