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 Section 13.

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 information from the intelligence source that a red-brown tipper bearing registration No. HP-62-3727 appears to be stolen, as its Chassis number had allegedly been tampered with and was fake. After having received aforesaid information, police official, named hereinabove, visited the spot and found the afore tipper bearing registration No. HP-62-3727 parked on the roadside. The person sitting inside the tipper identified himself as Rahul @ Neelmani son of Sh. Pratap Singh, R/o village and post office Talyahar. Aforesaid person produced tipper’s registration certificate i.e. R.C and as per the same, actual owner of the vehicle was found to be Sh. Kulveer Singh son of Sh. Tule Ram. Upon checking, the Chassis number matched with the RC, but the engine number and chassis number were allegedly found to be tampered with. On inquiry, Investigating Officer found that owner had either tampered with the tipper and prepared fake documents or had purchased a stolen tipper and prepared fake documents and as such, registered the FIR, as detailed hereinabove.

3. During investigation, it transpired that fake documents were prepared for the registration of tipper by present petitioner, who at the relevant time was functioning as a Notary Public. It is alleged that petitioner assisted the main accused namely, Jagdish Thakur, in converting the vehicle bearing registration No. HP-62-3727 tipper 2009 model to a 2014 model. Though, petitioner herein was not originally named in the FIR, but at the time of filing challan, he was arrayed as an accused. In aforesaid background, petitioner has approached this Court in the instant proceedings for quashing of the FIR as well as consequent proceedings pending in the competent Court of law.

4. Pursuant to notice issued in the instant proceedings, respondent-State has filed reply, wherein the facts, as noticed hereinabove, have not been disputed, rather stand admitted. It has been averred at the behest of the respondent that offence committed by the petitioner is serious in nature and he cannot escape the consequences of the offence allegedly committed by him by filing present petition.

5. Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. S.D.Gill, learned counsel representing the petitioner, is that the petitioner has been falsely implicated in the present case. Mr. Gill, submitted that petitioner, being a Notary Public, is entitled to the protection given under Section 13 of the Notaries Act. He submitted that affidavit, if any, allegedly prepared for registration of the vehicle, as detailed hereinabove, was prepared by the petitioner, being a Notary Public, and at the relevant time, executant was duly identified by the attesting witness. While referring to of the Notaries Act