MALU Vs. STATE OF KERALA

JUDGEMENT

(1.) The 3rd accused in CC No. 222 of 2022 on the file of the Judicial First Class Magistrate Court, Kunnamangalam arising out of Crime No. 521 of 2021 filed this petition under Sec. 482 Cr.PC praying for quashing all further proceedings. The petitioner is the practicing lawyer and a notary public. The offences alleged against the petitioner and the other accused persons are under Sec. 465, 468 and 471 IPC.

(2.) The allegation is that the accused persons 1 and 2 with the help of the petitioner create a fabricated consent letter on 21/5/2021 purported to be executed by the defacto complainant and produced the same before the Kozhikode Corporation and obtained license for conducting a cool bar and bakery.

(3.) According to the learned Counsel for the petitioner, the petitioner being a notary public for taking cognizance of any offence committed by him, the mandate of Sec. 13(i) ofnthe Notaries Act is to be complied. According to the learned Counsel, in this case Sec. 13(i) has not been complied and as such the prosecution initiated against the petition is liable to be quashed.