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. Additionally, the provisions of Section 13 of the Notaries Act, 1952 apply to offences committed by a notary in the exercise of their functions.

JUDGMENT :

Rakesh Kainthla, J.

The police of Police Station, Sadar had arrested Bhupesh Nandan. He revealed during the interrogation that he had sold a vehicle bearing registration no. HP-62C-0026 on the forged document. The police conducted a preliminary investigation to find out the correctness of the statement made by him. The police found that Gaurav Kumar, the original owner of the vehicle had got his vehicle financed. The vehicle could be transferred only after the clearance of the loan. Accused Bhupesh Nandan prepared the forged documents by scanning the documents issued in the name of Gaurav Kumar, substituting the name of Gaurav Kumar by his name. Thereafter, he got the vehicle registered at STA, Shimla. He sold the vehicle to Jagdish Thakur who attempted to get the vehicle financed in the name of his wife, however; the vehicle was not financed, therefore, the registration number of the vehicle was changed to HP-66A-2426 and it was sold to Devender Kumar. Devender Kumar was called to the police lines, Mandi with the vehicle. The Engine Number and Chassis Number were checked with the numbers mentioned in RC. They were found to be correct. The police conducted the investigation after the registration of the FIR and found that the vehicle bearing registration no. HP-62C-0026 was registered in the name of Bhupesh Nandan. This vehicle was stated to have been purchased from Shimla, Automobile Bhangrotu Nerchowk, District Mandi. The police went to Shimla Automobile Bhangrotu and found that the vehicle was sold to Gaurav Kumar and was financed by Himachal Gramin Bank, Kullu. Hence, the sale certificate produced before the Registration Authority at Shimla was forged. The vehicle was also shown to have been financed by Sundaram Finance Limited. When the record was checked, it was found that this vehicle was not financed by Sundaram Finance Limited. The police also found that the vehicle was financed by Magma Fincorp Finance Company, Gutkar, Mandi in the name of Gaurav Kumar. The loan was not repaid. The vehicle was also shown to be insured by the National Insurance Company. The record was verified and it was found that the National Insurance Company had not insured the vehicle. The documents submitted before the State Transport Authority, Shimla also showed that the loan of Sundaram Finance Limited was cleared which again is false because the vehicle was never financed by Sundaram Finance Limited but by Magma Fincorp and the loan was not repaid. The investigation also showed that the address of Jagdish Thakur mentioned in the Aadhar Card submitted by him was also false and it was quite different from the address mentioned on the original Aadhar Card. The record of RTO, Kullu regarding the transfer of the registration of the vehicle was also checked. It was found that the ration card submitted by Jagdish Thakur to the RTO Kullu was also forged because the ration card number mentioned in the card of Jagdish Thakur was issued in the name of Roshan Lal. The address of Champa Thakur in the Aadhar Card submitted to RTO, Kullu was also found to be false and quite different from the original Aadhar Card of Champa Thakur. The police also found the affidavits on the record. The police interrogated the stamp vendor, the notary and the identifier. The police seized the record of the notary and their stamps and the seals. These were sent to the FSL and the result was received. The police found that the false affidavits of Champa Thakur, and Jagdish were attested by Dalip Singh, the present petitioner. Similarly, Suresh Sharma had attested the false affidavit of Bhupesh Nandan. Jagdish Thakur and Bhupesh Nandan were identified by Amarnath; hence, the police prepared the challan against the petitioner and other accused.

2. The petitioner filed the present petition for quashing of the FIR No.7/2017 dated 07.03.2017 registered at CID, Police Station, CID Branch at Shimla, for the commission of offences punishable under Sections 420, 467, 468, 471,