Sections 420, 467, 468, 471, 120B, and 411 of the Indian Penal Code, 1860 – Notaries Act, 1952 – Section 13 – Quashing of Complaint – Protection to notaries – Bar on taking cognizance without complaint by authorized officer – The petitioner had attested affidavits related to the sale and purchase of a vehicle. The contention was that cognizance against the petitioner was barred under Section 13 of the Notaries Act, 1952, as the petitioner had acted in the exercise of his functions under the Act, and no complaint in writing was made by an authorized officer. The respondent argued that the petitioner was equally responsible for the forgery of documents.
The Court considered the submissions and examined Section 13 of the Notaries Act, which prohibits the court from taking cognizance of any offence committed by a notary in the exercise of their functions under the Act without a written complaint by an authorized officer. Various High Courts had interpreted this provision to provide protection to notaries, emphasizing that criminal proceedings against them require proper authorization. As no written complaint was filed by any authorized officer, the Court held that the trial court could not have taken cognizance of the offence alleged against the petitioner. Continuing proceedings without such complaint would amount to an abuse of the court’s process. Consequently, the petition was allowed, and FIR No.07/2017 and consequent proceedings were quashed as they related to the petitioner.(Para 14, 20)
HIGH COURT OF HIMACHAL PRADESH
2024 STPL(Web) 15 HP
[2024 HHC 64-DB]
Dalip Singh Thakur Vs. State Of H.P.
Cr.MMO No.465 of 2023-Decided on 03-01-2024
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