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Court cannot take cognizance of private complaint against Notary Public for his/her official

In a case a charge a sheet was filed against a Notary Advocate accusing her of aiding a person to make a forged power of attorney as original. The court stated that the bar under S.13 of the Notaries Act is mandatory and if no such protection is granted to Notary it will be difficult for them to perform their acts as contemplated to be done as Notary.
The court stated that whenever a question of official act of notary comes for determination, it is the duty of the criminal court to find whether the allegations are directly concerned with its official duty or the performance which he has to do. The court will apply its judicial mind to see whether the subject matter of the complaint is official act of Notary or an act beyond its performance. If all the allegations against the Notary is such unofficial acts or acts not connected with his/her official duties sanctioned under Section 13(1) need not be obtained.
The court further stated that a Notary is not supposed to know each and every person before him for the purpose of notifying a document in his Notarial Register. If protection is not granted to Notary it will be difficult for him to work as notary . Thus, it was concluded by Kerala High Court that under S.13(1) it is mandatory and no court shall take cognisance of any offence committed by a notary public in exercise or purported exercise of his functions under the act except upon a complaint made in writing made by an officer authorised by Central Government and State Government by general or special order in that behalf.

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