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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Dalip Singh Thakur – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. fir alleges forgery in stolen tipper documents by notary. (Para 1 , 2 , 3 , 4) |
| 2. notary seeks s13 protection; state urges trial. (Para 5 , 6) |
| 3. quashing under s482 if legal bar or no offence. (Para 7 , 8 , 9 , 10 , 11) |
| 4. s13 bars cognizance absent authorized complaint. (Para 12 , 13 , 14) |
| 5. precedents mandate s13 complaint for notary prosecution. (Para 15 , 16 , 17) |
| 6. fir quashed against notary for s13 non-compliance. (Para 18 , 19) |
JUDGMENT :
Sandeep Sharma, J.
Through, instant petition filed under Section 482 Cr.P.C, prayer has been made on behalf of the petitioner for quashing of FIR No.306 of 2016, dated 12.12.2016, under Sections 467, 468, 471, 201, 120-B of IPC and Section 196 of Motor Vehicles Act, registered at police Station, Sadar, District Mandi, Himachal Pradesh as well as consequent proceedings, if any, pending adjudication in the Court of learned Chief Judicial Magistrate, Mandi, District Mandi, Himachal Pradesh in Cr. Case No.357 of 2017, qua the petitioner.
2. Precisely, the facts of the case, as emerge from the pleadings adduced on record by the respective parties, are that on 12.12.2016, ASI Ram Lal, In-charge of CI-cum- Narcotic Cell, received info
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 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 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....
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 ....
The central legal point established in the judgment is that for initiating proceedings against a notary, a written complaint by an authorized officer as required by Section 13 of the Notaries Act, 19....
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 ....
The Notary's failure to verify the identity of the deponent during notarization constitutes professional misconduct, negating protections under the Notaries Act.
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