ORDER

The petitioner is the 4^th accused in C.C.No.113/2023 on the file of the Court of the Judicial First Class Magistrate-I, Alappuzha, (Trial Court) which has originated from Crime No.382/2013, registered by the Alappuzha South Police Station, alleging that the accused persons have committed the offences punishable under Sections 468, 471 and 417 r/w Section 34 of the Indian Penal Code.

2. The concise case of the prosecution is that, the accused 1 to 5 had forged a consent letter (Annexure A2) of the 2^nd respondent and produced the same before the Alappuzha Municipality for getting building permit to construct a shed in the property of the accused 1 to 3. The specific allegations against the petitioner (4th accused) is that, he as a Notary Public had attested the consent letter affirming the signature of the 2nd respondent. Thus, the accused persons have committed the above offences.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor. Although, service of notice is completed on the 2^nd respondent, there is no appearance for him.

4. The learned counsel for the petitioner submits that, in view of Section 13 of the Notaries Act, 1952 , (in short,