MOHAMMED YUSUF KASAM KALAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") has been preferred by the applicant herein - original accused No.5 to quash and set aside the impugned FIR being C.R. No.I -3/2011 registered with Mangrole Police Station for the offences punishable under Sections 363, 366, 376, 466, 471, 465, 114 and 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(2.) RESPONDENT No.2 herein - original complainant has lodged the impugned FIR against the applicant and others for the offences punishable under Sections 363, 366, 376, 466, 471, 465, 114 and 34 of the IPC alleging inter -alia that original accused No.1 has kidnapped the daughter of the complainant though she was minor and original accused Nos.2 to 5 inclusive of the applicant had prepared one document - Live -in relationship agreement on the stamp paper of Rs.50/ - and created the forged documents in connivance with each other. That being aggrieved and dissatisfied with the aforesaid FIR, applicant herein - original accused No.5 - Notary has preferred the present Criminal Miscellaneous Application under Section 482 of the CrPC.

(3.) SHRI Ashish M. Dagli, learned advocate appearing on behalf of the applicant has vehemently submitted that in view of the provision of Section 13 of the Notaries Act, 1952 , no prosecution against the applicant being a Notary is maintainable unless a complaint in writing made by an officer authorized by Central or State Government. Therefore, relying upon Section 13 of the Notaries Act, 1952 as well as the decision of the learned Single Judge in the case of Linaben Kantilal Patel V/s. State of Gujarat and 1, 2009 2 GLH 491as well as the decision in the case of V. Ranga Ramu V/s. State of Karnataka, 1999 CrLJ 561, it is requested to allow the present application.