K SOORYANARAYANA BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner has sought for quashing the notification Annexure-A dated 28.4.2010 by which, Smt. Usha R.A., daughter of Late Annappa Gowda is appointed as Oath Commissioner conferring her with Jurisdiction to attest the affidavits to be used in Civil Courts only. He has also sought for a direction to the Respondents to confer power on Oath Commissioners to attest and administer oath in respect of the affidavits Intended to be filed In Criminal Courts also. Certain other consequential reliefs are also sought for.

(2.) The records reveal that the Petitioner is an advocate practicing in Sullya, Dakshina Kannada District. According to him, restricting the Oath Commissioners to administer oath and to attest the affidavits intended to be filed only in Civil Courts is erroneous and the same is in violation of Section 297 of Code of Criminal Procedure Learned Counsel for the Petitioner submits that the High Court should have appointed Commissioner of Oaths to attest and administer oath in respect of the affidavits intended to be filed in Criminal Courts also in accordance with Section 297 (1) (b) of Code of Criminal Procedure

(3.) It is beneficial to refer to Section 297(1) of Code of Criminal Procedure 1973 which reads thus: Authorities before whom affidavits may be sworn-