ORDER

GITA GOPI, J.

1. The petitioner has filed the petition under section 482 of the Code of Criminal Procedure for quashing and setting aside the FIR being C.R. No. 11993001200077 of 2020 dated 8.3.2020 registered with Shamkhiyari Police Station, Dist.: Kutch East- Gandhidham qua the present petitioner for offfences punishable under sections 406, 417, 418, 420, 421, 423, 424, 465, 467, 468, 471, 474, 34, 201, and 120B of the Indian Penal Code, 1860 and the proceedings initiated pursuant thereto.

2. The FIR is lodged by Sahdevbhai Khimjibhai Aahir (Bala) against 5 accused persons stating that his father namely Bala Khima Kayabhai was residing with him till 2011 at Karjan and then started residing at Shamkhiyari (Kutch). It is alleged by the complainant that his father has lost his memory and even he does not remember the names of his sons and daughtersin- law and his father does not know about his properties, its market price and he is not even able to read and sign any document. It is alleged by the complainant that his father even forgets the way towards his home and persons from village would come and drop him at home.

2.1 It is further stated in the FIR that on 2.3.2020, the complainant’s father was found missing at village Dharana and several persons had gone searching him and on 3.3.2020 at 11.00 a.m. in the morning, the father of the complainant was found.

2.2 The complainant alleges that accused persons have taken benefit of such condition of his father and had executed a bogus Power of Attorney and through the said Power of Attorney, the accused persons have got transferred the properties of the complainant’s father in their names. The facts in the FIR suggest that accused No.3 Bala Laljibhai had purchased a stamp of Rs. 100 in the name of accused No.1 Bala Nagjibhai and on 2.1.2019 with the help of accused No.2 L.K.Varchand, who is an advocate, along with accused No.4 Bala Premjibhai, they have made a Power of Attorney in favour of accused No.1 Bala Nagjibhai. It is alleged that the Power of Attorney is identified by advocate accused No.2 L.K.Varchand and later on, the said Power of Attorney was registered on 2.1.2019 with the Public Notary B.N.Bhatt bearing registration No.4.

2.3 The complainant alleges in the FIR that the accused No.1 Bala Nagjibhai had transferred all the plots in his name with the help of Power of Attorney and thereafter sold some of the plots to accused No.4 Bala Premjibhai. As per the record, before the Police, accused No.4 Bala Premjibhai had stated that he has received the said plots by way of inheritance.

2.4 The allegation against the present petitioner who is a notary is that on 1.4.2019, he had notarised the affidavit of the father of the complainant. It is alleged that accused No.2 L.K.Varchand had purchased the stamp paper of the said affidavit and in the said affidavit, the father of the complainant had declared that he had distributed all his properties among all his sons. The complainant alleges that the said affidavit is false and fabricated as his father has lost his memory and by taking undue advantage of his such condition, all the accused in connivance of each other, has made false and forged affidavit .

3. Mr. Brijesh Ramanuj, learned advocate on behalf of Mr. Ankit Shah, learned advocate for the petitioner states that the present petitioner is an advocate and Notary and the affidavit, which is alleged to have been executed before him, is not only by the father of the complainant but was jointly executed by Khima Kancha Bala and Valiben Khimabhai Bala, who is wife of Khima Kancha Bala. Mr. Brijesh, learned advocate submitted that at the time of execution of the affidavit, father of the complainant was staying with his wife at Shamkhiyari, Taluka: Bhachau, District: Kutch, and he is knowing about his arrangement regarding his properties and in the affidavit itself, he states about his sound mental health. Mr. Brijesh stated that the petitioner is a Notary and had no business to further