CHANDMAL MOTILAL BORA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, who happens to be a practicing Advocate and Notary, is hereby praying for discharging him from criminal prosecution bearing Criminal Case No. 212 /1995, which is revolving around number of offences like 395, 344, 347, 365, 387, 324, 506 read with s. 120b of the Indian Penal Code.

(2.) IT is the allegation of the prosecution that other accused kidnapped the complainant Rajendra Samarth from his house by calling him to the house of a person of his acquaintance by giving him threats. The complainant as indicated by the prosecution case, left his house and walked along with some of the accused to the house of his acquaintance. It is alleged that in the said house other accused besides the present petitioners, assaulted him, threatened him and detained him. Thereafter from that house he was taken to Akola, from akola he was taken to Nagpur, from Nagpur taken to Chandrapur, from chandrapur via Nasik he was taken to Ralgad, from Raigad he was taken through pune to Nasik. At Nasik, it is alleged by the prosecution, that he executed some documents purporting to be Powers of Attorney granted in favour of some of the accused. Present applicant, accused has been roped in the prosecution by utilising provisions of s. 120b of the Indian Penal Code, because the said powers of attorney have been registered in his Notarial register in presence of some witnesses. It is the prosecution case, as indicated by the F. I. R. , that other co-accused had brought the Notarial register to the house of some of the co-accused and in the said house the signatures of complainant Rajendra Samarth was taken by utilising force on him.

(3.) SHRI Mishra submitted that the F. I. R. does not show any allegations against the present petitioner. The Investigation papers also do not show his involvement as such in any of the acts alleged to have been committed by other co-accused pertaining to other main offences. He submitted that the only part which has been attributed to him is that in his Notarial register six powers of attorney have been mentioned to have been noted.