The Kerala High Court has set aside criminal proceedings against a 72-year-old lawyer and notary public accused of attesting a forged consent letter used to obtain a municipal licence. The court ruled that the prosecution itself was flawed, as mandatory legal safeguards under the Notaries Act were not followed.
Background of the Case
The case arose from Crime No. 521 of 2021 registered at the Medical College Police Station in Kozhikode. The police alleged that two accused persons, with the help of the petitioner, created a fabricated consent letter dated May 21, 2021. The document was allegedly produced before the Kozhikode Corporation to secure a licence for running a cool bar and bakery.
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The petitioner, arrayed as the third accused, is a practicing advocate and a registered notary public. He approached the High Court under Section 482 of the Code of Criminal Procedure, seeking quashing of proceedings in CC No. 222 of 2022 pending before the Judicial First Class Magistrate Court, Kunnamangalam.
Court’s Observations
Justice C. Pratheep Kumar noted that it was undisputed that the petitioner had attested the document while performing his duties as a notary. The court examined Section 13(1) of the Notaries Act, which bars courts from taking cognizance of offences committed by a notary in the course of official functions unless a written complaint is made by an officer authorised by the Central or State Government.
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“The statutory protection under Section 13 is not a mere formality but a mandatory requirement,” the bench observed, relying on an earlier Kerala High Court ruling in Jolsna E.P. v. State of Kerala.
The judge also pointed out that a notary, at the time of attestation, may not be aware of the genuineness or future misuse of a document. Without legal protection, notaries would find it difficult to discharge their duties fearlessly.
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Decision
Holding that no authorised complaint as required under the Notaries Act was placed before the Magistrate, the High Court concluded that the prosecution was legally unsustainable.
The court allowed the petition and quashed all further proceedings against the petitioner in the criminal case.
Case Title:- Malu K. v. State of Kerala & Others
Case Number:- Crl.MC No. 7127 of 2022
