Court No. - 38
Case :- MATTERS UNDER ARTICLE 227 No. - 3071 of 2019 Petitioner :- Ashutosh Soti Respondent :- State Of U.P. And Another Counsel for Petitioner :- Amit Counsel for Respondent :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
By means of the present petition, the petitioner has filed this petition with a prayer to issue a writ,order or direction in the nature of certiorari setting aside the impugned order dated 16.3.2019 passed passed by Additional Session Judge, court no.6, Saharanpur in Crl. Revision No. 214 of 2016 and order dated 21.5.2016 passed by the learned Chief Judicial Magistrate, Saharanpur in Crl. case No.5549 of 2006 arising out of case crime No.350 of 2005,under sections 420,467, 468, 471 and 120-B I.P.C, Police station Sadar Bazar, District Saharanpur.
Heard Sri Amit learned counsel for the petitioner and the learned A.G.A. for the State.
Learned counsel for the petitioner has submitted that the petitioner is a notary appointed by the Government of India under the provision of Notaries Act, 1952. The only allegation made in the F.I.R is that he attested and notarized the Will presented before him in which the executor was identified by any advocate. He has performed his duty in accordance with the provision of Notaries Act,1952. He has further submitted that Section 13 of the Act provides that no court shall take cognizance of any offence committed by a notary in the exercise or purported exercise of his functions under this Act save upon complaint in writing made by a officer authorized by the Central Government or a State Government by general or special order in this behalf. In this case the cognizance of the offence has been taken without a complaint in writing made by any officer of the State Government. Neither the learned Magistrate nor the revisional court has considered the plea taken by the petitioner at the stage of framing charge against him. Learned counsel for the petitioner has relied a judgment dated 9.3.2017 passed by coordinate Bench of this Court in application u/s 482 No.26944 of 2019, Dinesh Chandra Sinha Vs. State of U.P and another.
Learned A.G.A. has vehemently opposed the prayer made by the learned counsel for the petitioner but did not dispute the provision as mentioned in Section 13 of Notaries Act, 1952.
Looking into the facts and circumstance of the case as well as the submission made by the learned counsel for the petitioner, I am of the view that the matter requires consideration.
Learned AGA has received notice on behalf of respondent no.1 (State of U.P.).
Issue notice to opposite party no. 2.
Counter affidavit may be filed by the respondents within four weeks from the date of receipt of notice. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List the case in the week commencing 19.8.2019, before appropriate Bench.
Till then no coercive action shall be taken against the petitioner Ashutosh Soti in pursuance of the aforesaid case.
Order Date :- 29.4.2019 G.S