M.L. Tahaliyani, J.

1. Admitted. Heard finally.

2. The present petition is filed by the accused No. 2 in Criminal Case No. 94 of 2006 pending in the Court of Judicial Magistrate First Class, Kankavali, District Sindhudurg. There are in all three accused in the said case. The petitioner is a practising lawyer and has also been appointed as Notary Public under the Notaries Act 1952. The Accused No. 1 Jagdish Yashwant Dalvi is brother of the complainant. Accused No. 3 Dnyaneshwar Vasant Kale is a practicing Advocate. Accused Nos. 2 and 3 both are practising at Mumbai and as already stated, the accused No. 2/petitioner has also been appointed as Notary Public.

3. The Accused No. 1 - Jagdish Yashwant Dalvi has three brothers, his brothers and accused No. 1 himself jointly own a property at Kankavali, District Sindhudurg, Maharashtra. It is alleged that accused No. 1 prepared a false power of attorney purported to be executed by brothers of accused No. 1 in favour of accused No. 1 giving authority to accused No. 1 to sale property belonging to his brothers including the complainant. It is further alleged that under the said alleged authority accused No. 1 had sold the property belon