(1.) PETITIONER by Shri Himanshu Kaushal, Advocate. Respondent/State by Shri C.S. Dixit, PP. The instant petition is for invoking the inherent powers of this Court under section 482 of Criminal Procedure Code to quash the proceedings in original Criminal Case No. 192/2002 pending in the Court of JMFC, Pichchore, District Shivpuri, under which cognizance has been taken by the learned Magistrate on a police report against the petitioner on the ground that he attested by Will of such a person who was admitted in the hospital in serious condition and could not be presumed to be present before him for attestation.
(2.) SHRI Kaushal has submitted that as per the duties assigned to the notary public. He was to execute a document after verification from the executant on identification by two witnesses. Accordingly, he did his work and if the right executant was not produced before the petitioner, he cannot be held responsible.
(3.) SHRI Dixit fairly concedes that apart from this evidence nothing is there against the petitioner on the record. The only evidence shown by Shri Dixit against the petitioner is the statement of complainant Malkhan. He does not state from his own knowledge that the executant/deceased was known to the petitioner. He gave this statement on the ground that it was spoken by the petitioner himself before him. This appears no sufficient ground to believe that the executant was known to the petitioner because the knowledge of Malkhan is not his personal knowledge.