An advocate is not criminally liable for identifying clients based solely on presented documents unless underlying deceit is apparent.

1. This application has been filed under S.482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for quashing the FIR bearing CR No. I - 29/2017 registered with Gangajaliya Police Station, District - Bhavnagar for offences punishable under S.406, S.420, S.467, S.468, S.471, S.192 and S.114 of the IPC and to terminate all the subsequent proceedings in connection with the FIR.

2. The prayer is made by the applicant - original accused No.6, who is a practitioner - advocate since 2009. It is stated by the applicant that he is practicing in the trial Court mainly on the revenue side and he wass a junior advocate at the time, when the FIR was registered. It is also stated that the applicant had discharged his professional duty by drafting two affidavits and two sale deeds, for that work he was paid fees of Rs.5,000/-.

3. As per the FIR, complainant - Gopalbhai Hiralal Mehta and his wife are residing together with their son Paragbhai and another son Ketanbhai is staying in U.S.A. since last 10 years prior to the complaint. As per the complainant, the accused persons committed offence of forgery and cheating by executing forged documents, wherein, it is shown that he and his wife are dead and forged pedhinama was prepared and on the basis of forged will and heirship affidavit, some fictitious persons had executed two sale deeds with regard to two plots bearing Nos. 80 and 81 situated at Bhavnagar Sidhsar, land revenue survey No. 98 / 2 and thereby, all accused persons jointly committed offence of forgery and cheating. On the basis of the information, the FIR was registered for the offence punishable under S.406, S.420, S.467, S.468, S.471, S.192 and S.114 of the Indian Penal Code .

4. Learned advocate Mr. Yatin Soni for the applicant submitted that the present applicant has performed only his professional duty. He also submits that the allegations against him is that the co - accused is identified by him as Mr. Ketan Gopalbhai Mehta, who came with forged documents including his forged identity proof. Learned advocate Mr. Soni submits that the co - accused was recommended and have came with another advocate Mr. Ashvin M. Chauhan and accordingly the applicant under a bona - fide belief prepared two affidavits of heirship and two sale deeds as per the documents viz. Certificate of legal heirs, Election card, Original will, Death Certificate of Hemaben and Gopalbhai and the Panchnama of Pedhinama and Public Notice published in the Sandesh Newspaper. Learned advocate Mr. Soni submitted that as per information provided to applicant he as an advocate had considered the said person as genuine, as he was introduced by one advocate Mr. Ashvin M. Chauhan.

5. Learned advocate Mr. Soni submits that one co - accused Mr. Ajay had purchased stamp papers in his name and while purchasing the same, Mr. Ajay had signed on behalf of the applicant. He also submits that the applicant was not at all aware that the alleged documents were forged one and fictitious person had approached him through advocate Mr. Ashvin M. Chauhan. It is further submitted that the applicant was not knowing Mr. Ajay, who had purchased stamp papers on behalf of the applicant and the fictitious person Mr. Ketan Gopalbhai Mehta, who had signed as Mr. Ketan Gopalbhai Mehta.

6. Learned advocate Mr. Soni submits that the original owners has filed two suits being Regular Civil Suit Nos. 207 / 2017 and 208 / 2017, in the Court of Hon'ble Principal Senior Civil Judge at Bhavnagar and the suits are allowed as purchaser had given consent in favour of plaintiffs and on the basis of the consent term decree