IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
Y. G. KHOBRAGADE, J.
Jayashri Kishabapu @ Kishor Jangam – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. With the consent of both the sides heard finally at the stage of admission.
2. By the present Petition under Article 226 and 227 of the Constitution of India, the Petitioner takes exception to the order dated 12.05.2023, passed by the learned Additional Sessions Judge, Sangamner, in Criminal Revision No.22 of 2022, thereby set aside order of issuance of process passed by the learned J.M.F.C.,/3rd Joint civil Judge, Junior Division, Sangamner, on30.04.2022, below Exh.1 in Criminal M.A. No.714 of 2021.
3. The present Petitioner is the original complainant and the present Respondent No.2 is the original accused No.3 in Criminal Misc. Application No.714 of 2021. For the sake of brevity, the parties to the present Petition hereinafter will be referred to in their original capacity.
4. The complainant filed a Criminal complaint bearing M.A. No.714 of 2021 and thereby prayed for initiation of criminal proceeding against Accused Nos. 1 to 3 for offences punishable under Section 467, 468, 420 read with Section 34 of Indian Penal Code (hereinafter referred as IPC).
5. The complainant alleged that, the accused No.1 is her daughter-in-law, accused
The Notary's failure to verify the identity of the deponent during notarization constitutes professional misconduct, negating protections under the Notaries Act.
No cognizance of offences by notary in exercise of functions under Notaries Act without written complaint by authorized officer of Central/State Government. FIR quashed for non-compliance with Sectio....
The judgment emphasizes the binding nature of decisions of the High Court and the duty of subordinate courts to follow settled legal principles.
The Notary's attestation of invalid documents amounts to gross misconduct under the Notaries Act, but improper procedures rendered cancellation of his practice illegal.
The power to quash criminal proceedings should be exercised sparingly and with circumspection, and the Court cannot conduct a mini-trial while exercising jurisdiction under Section 482 of Cr.P.C. Add....
No cognizance can be taken against the present applicant in terms of Section 13 of the Notaries Act, 1952. It is apparent from the provisions of Section 13 of the Notaries Act that if the offence is ....
No court can take cognizance of offences by a Notary in exercise or purported exercise of functions without written complaint by authorized Central/State Government officer per Section 13 Notaries Ac....
The main legal point established is that the cognizance of an offense committed by a notary under the Notaries Act can only be taken upon a written complaint by an authorized officer, as per Section ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.