' Petition has been submitted for quashment of F.I.R. No,17 of 1995 dated 15-1-1995, under section 82- A, Registration Act, 1908, Police Station Chishtian, District Bahawalnagar. The case was registered against the petitioners on the ground that they gave incorrect addresses in power of attorney and hence committed an offence punishable under section 82-A of Registration Act, 1908.
2. The petitioners applied to the trial Court for their acquittal from the case but their application was rejected by order dated 17-3-1996 passed by Magistrate 1st Class, Chishtian. The petitioners thereafter submitted present petition in which pre-admission notice to the complainant was issued by order dated 11-6-1996. Learned counsel for the parties have been heard in the matter.
3. Section 83 of the Registration Act, 1908 reads as under:-- "Section 83.--- (1) A prosecution for any offence under this Act coming to the knowledge of a Registering Officer in his official capacity may be commenced by or with the permission of the Inspector-General, the Registrar or the Sub-Registrar, in whose territories, district or subdistrict, as the case may be, the offence has been committed.
(2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not less than those of a Magistrate of the second class."
A perusal of the above provision shows that the only authorities prescribed in the section could have launched prosecution of the accused, who furnish incorrect information to the Sub-Registrar.
In case the Sub-Registrar did not make any complaint against the petition/accused, a criminal case under the circumstances, for offence under section 82-A, Registration Act, could not have been registered. The criminal prosecution of the petitioners was launched without lawful authority.
Even otherwise, the only allegation against the accused/petitioners is that their address given in the deed was not correct. The particulars as given in the deeds, however, were not incorrect in any manner.
4. The petition, under the circumstances, is allowed. The case F.I.R. No,17 of 1995 dated 15-1-1995 under section 82-A, Registration Act, 1908, Police Station Chishtian, District Bahawalnagar, is hereby quashed.