MANOJBHAI GANGARAM PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing the present Application under Sec. 482 of the Code of Criminal Procedure, 1973, the Petitioner [Original Accused No.10] has made the following prayers:

(2.) The facts and circumstances giving rise to the filing of the present Application are such that the Applicant herein is a Practicing Advocate & a Notary, operating at Chanasma District Patan.

(3.) Heard learned Advocate Ms. Dhruti G. Pandya appearing for the Applicant. She submitted that the Applicant is a Practicing Advocate & a Notary operating at Village Chanasma, District Patan. The Applicant in the present case has acted in due diligence and has authenticated the Affidavits of the concerned persons. There was no criminal intention on part of the present Applicant in affirming those Affidavits. She further submitted that in view of the provisions of Sec. 13 of the Notaries Act there is a bar against taking cognizance of the offence committed by a Notary in the exercise or purported exercise of his functions under the Notaries Act unless the complaint in writing is given by an officer authorized by the Central Government or a State Government. In the present case, no complaint as provided under Sec. 13 of the Notaries Act has been given by an authorized officer and therefore the present FIR is not maintainable against the present Applicant. She therefore submitted to allow the present Application.