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Udit NaraIn Dube and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in18Ind.Cas.896
AppellantUdit NaraIn Dube and ors.
RespondentEmperor
Excerpt:
district registrar not subordinate to high court - high court powers to interfere with the order of the district registrar--practice--revision--criminal procedure code (act v of 1898;, sections 439 and 476. - - i fail to see that i have power to forbid a district registrar to make an inquiry into the matter if he so pleases.tudball, j.1. this application has arisen out of the following facts: the district registrar of mirzapur had before him an application in reference to a certain document for an order of compulsory registration of that document. the sub-registrar had refused to register it on the ground of denial. after making some inquiry, the district registrar refused to register it on the ground that he believed the document to be a forgery. he passed the order on the 27th of july 1912. immediately below the order he recorded the following order:the deed in question is impounded. an inquiry will be held by me under section 476, criminal procedure code, on my return from leave. the writer of the deed, the attesting witnesses, khub lal and udit narain, will be called on to show cause why they should not.....
Judgment:

Tudball, J.

1. This application has arisen out of the following facts: The District Registrar of Mirzapur had before him an application in reference to a certain document for an order of compulsory registration of that document. The Sub-Registrar had refused to register it on the ground of denial. After making some inquiry, the District Registrar refused to register it on the ground that he believed the document to be a forgery. He passed the order on the 27th of July 1912. Immediately below the order he recorded the following order:

The deed in question is impounded. An inquiry will be held by me under Section 476, Criminal Procedure Code, on my return from leave. The writer of the deed, the attesting witnesses, Khub Lal and Udit Narain, will be called on to show cause why they should not be prosecuted for forgery.

2. So far no action appears to have been taken by the District Registrar. Presumably, the present application, though it does not say so, asks this Court on the Criminal side to pass an order that the District Registrar should make no such inquiry. The District Registrar may or may not have power to pass such an order qua District Registrar. He may or may not have power as District Registrar to make the inquiry qua District Registrar or even qua as a private person. But with that I have nothing to do. I fail to see that I have power to forbid a District Registrar to make an inquiry into the matter if he so pleases. He is not a Court subordinate to this Court either on the Civil, Criminal or Revenue side, and it is a matter in which at this stage I see no ground for interfering even if I had power to do so. The application is rejected.


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