No Materials Available That He Made Personal Gains With His Decision: Madras HC Discharges Former District Registrar In Corruption Case
The Madras High Court allowed a Criminal Revision Petition of former District Registrar against the Special Judge’s Order.

The Madras High Court has discharged former District Registrar, Alandur who was accused under the Prevention of Corruption Act, 1988 (PC Act).
The Court was deciding a Criminal Revision Petition seeking setting aside of the Special Judge’s Order and allowing the Discharge Application.
A Single Bench of Justice N. Seshasayee emphasised, “To constitute any offence under Sec.13 of P.C. Act, the prosecution should produce such materials it had gathered during investigation, that would persuade the Court to a prima facie conclusion that they are adequate enough to frame charges. Here, the materials indicate that while directing the registration of a sale deed by A2 is a misconduct but there is still no materials made available that A2 had made personal gains with his decision.”
Advocate Naveenkumar Murthi represented the Petitioner/Accused while Government Advocate C.E. Pratap represented the Respondent/State.
Brief Facts
The Petitioner-accused was working as a District Registrar at Alandu and as per the prosecution case, sometime in 2005, a Sale Deed was executed in relation to a property for registration. When the document was presented for registration, the same was not registered essentially because the SRO suspected that the vendor might not have title to the property and that it could be a poramboke piece of property. Few years rolled by but there was no change in the status quo. Thereafter, a Complaint was filed to the Inspector General of Registration alleging that the Sale Deed which he had presented for registration was not registered for close to 5 years. This was enquired with the Petitioner and he held an enquiry.
The Petitioner found that the Sale Deed could be registered inasmuch as the property which was dealt with under the Sale Deed is not a poramboke property. It was alleged that while the property in question was a water body, the Petitioner directed registration of Sale Deed and constituted a conspiracy leading to a criminal misconduct by abusing the official position in registering the document. Contending that the final report does not indicate commission of the offence as defined under Section 13(1)(d) or 13(2) of PC Act, the Petitioner approached the Special Court. However, his plea was dismissed and hence, he was before the High Court.
Reasoning
The High Court in view of the facts and circumstances of the case, observed, “The entry in the A-register is not a gospel of truth. After all, a written entry in the revenue records cannot upset the title. … 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 further took note of the fact that nobody received any complaint about the registration of the document including the Revenue Department and that the case was suo motu registered by the Directorate of Vigilance and Anti-Corruption.
“… it has become over enthusiastic with its discovery of a hand-written insertion in the schedule to the sale deed in question that the property in Survey No.90 is a gramanatham property”, it added.
The Court said that the materials on record hardly are adequate to constitute any offence as suggested by the investigator.
“To insist A2 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”, it also said.
Accordingly, the High Court allowed the Revision Petition, set aside the impugned Order, and discharged the accused.
Cause Title- A.P. Raju v. The State of Tamil Nadu
Appearance:
Petitioner: Advocates Naveenkumar Murthi and S. Varsha.
Respondent: Government Advocate C.E. Pratap