In a forgery case involving a fraud sale deed, it is critical to have the original document for forensic examination since the original contains the actual signatures, thumb impressions, and handwriting patterns necessary for scientific verification. The sub-registrar generally retains the original registered document or document of title while the buyer/seller gets certified copies; this may vary by jurisdiction but typically the original remains accessible in official custody for legal proceedings.
If the original deed is not with the sub-registrar and the accused holds it, the police can issue a notice under Section 91 CrPC compelling production of the document. Failure to comply or loss of the document may raise suspicion of tampering, and police can initiate action under Section 201 IPC for destruction or concealment of evidence.
Police have the power to conduct searches and seize evidence, including original documents, under proper authorization. If a search is necessary at the accused’s premises, the police generally require court permission via warrant, unless exigent circumstances justify immediate search.
The accused cannot hide behind Article 20(3) protection against self-incrimination to refuse production of documents required as evidence. While protections exist against compelled testimonial incrimination, producing physical evidence like documents is not protected.
The registrar maintains original thumbprints and signatures of parties during registration processes, which can be used for forensic comparison. These official records aid in matching forged signatures against authentic ones.
Regarding your queries on civil cases filed by the accused: Civil and criminal proceedings are legally independent. Police may note vexatious litigation as context but generally cannot include detailed civil pleadings or alleged false statements in the chargesheet. It is for the criminal court to assess the evidentiary value of such civil case documents.
In summary, to robustly prove forgery, the original fraud sale deed must be procured through legal means by police from registered custody or accused. The registrar's records serve as authoritative references for signature verification. The accused cannot avoid document production citing constitutional protections. Parallel civil claims by the accused have limited impact on the criminal chargesheet but can be relevant background.
If you require assistance with legal steps to obtain documents, police follow-up, or representation in criminal proceedings, you are welcome to contact me for confidential, privileged advice and support.