MUNIR KHAN PATHAN Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner who happens to be an advocate practising in Shujalpur city, is hereby invoking powers of this court under provisions of S. 482 of Criminal Procedure Code, 1973 (hereinafter referred to as Code).

(2.) The facts of the prosecution which the petitioner is facing need to be stated as hereunder: The petitioner is a notary appointed under the provisions of Notary Act 1952 (hereinafter referred to as Act) and is performing his duties as such in Shujalpur city. On 13.11.1987, affidavit of Devisingh was sworn before the petitioner in presence or two witnesses namely Kailashpuri s/c Gopipuri and Babukhan sb Budekhan. The said arfidavit was sworn by the said person for standing as surity for M/s. Sudha Poha Industries, Shujalpur run by Shushil Kumar s/c Ramkrishna for obtaining loan from State Bank of Indore, Shujalpur branch. Later on it was found that the said loan was not re-paid and on inquiry it was found that said affidavit was not sworn by Devisingh sb Bewal R/o Lotakevdi. The concerned officer or State Bank of Indore Shujalpur branch lodged a complaint against the petitioner, Shushilkumar, Babukhan, Kailashpuri for offences punishable u/ss 467, 468, 420 nw I.P.C. in the court or J.M.F.C. Shujalpur.

(3.) Petitioner made a prayer before the J.M.F.C. Shujalpur that the complaint made against him be dismissed and he be discharged because offence was spelt out against him. Learned Magistrate dismissed the said prayer. The petitioner filed a revision petition before the Sessions Court, Shujapur and 3rd A.S.J. Shajapur, who heard the said revision petition and dismissed it on 4.11.1993. Therefore, the petitioner has moved this court for invoking powers of this court under provisions of 5. 482 of the Code.