Only Authorised Government Complaint can Trigger Prosecution of Notaries: Kerala High Court

The Kerala High Court held that courts can take cognisance of offences allegedly committed by a notary public only on a complaint filed by an officer authorised by the concerned government, as mandated under Section 13(i) of the Notaries Act.

The Court quashed criminal proceedings against a practising lawyer and notary accused of attesting a fabricated consent letter used to obtain a municipal licence.

It observed that the acts complained of were performed in the discharge of notarial functions and that the mandatory statutory requirement was not followed.

Consequently, all further proceedings were set aside.

[Malu K. v State of Kerala & Ors.]