Sanction must to prosecute notaries, lawyers: Karnataka HC

BENGALURU: The Karnataka High Court said that sanction by the state or central government is necessary to prosecute an advocate or notary if cases are registered against them for any lapses. Justice K Natarajan passed the order while quashing criminal proceedings against two notaries -- Praveen Kumar Adyapady and Ishwara Poojary from Mangaluru, as they were initiated without obtaining sanction.

The notaries were charged by Women’s Police Station under the provisions of IPC, POCSO Act and Child Marriage Restraint Act, for allegedly signing an agreement of declaration to help an accused by manipulating the age of the victim. “After looking at the documents produced by parties, of course while discharging duty, they have signed and given declarations in the document produced by the parties but it cannot be said, these petitioners had intentionally colluded with the other accused persons and signed agreement of declaration for helping the accused no. 1 by manipulating the age of the victim.

That apart, as per Section 13 of the Notaries Act, there is a bar on taking cognizance for offences committed by the advocate and notary. Under the Notaries Act, they have to obtain the permission of the central government or state government for filing chargesheet and taking cognizance,” the court said. The court further said the petitioners are said to be Notaries of the central government. Such being the case, as per Section 13 of the Notaries Act, sanction is necessary or permission is necessary before filing chargesheet.