MUNIR KHAN PATHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner who happens to be an advocate practising in Shujalpur city, is hereby invoking powers of this Court under provisions of S. 482 of Criminal Procedure Code, 1973 (hereinafter referred to as Code).

(2.) THE facts of the prosecution which the petitioner is facing need to be stated as hereunder:

(3.) SHRI M.I. Khan, counsel for petitioner, firstly raised the objection that in view of provisions of S. 13 of the Notary Act, 1952, no Court shall take cognizance of any offence committed by a notary, in exercise or purported exercise of his functions under the Act save upon complaint in writing made by an officer authorised by the Central Govt. or a State Govt. by general or special order in this behalf and, therefore, the complaint filed by an officer of State Bank of Indore, Shujalpur branch was bad in law and Court of J.M.F.C. Shujalpur has committed an error of law in taking cognizance of the said complaint.