Neutral Citation No. - 2025:AHC:106761-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 13311 of 2025 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta Counsel for Respondent :- G.A.,Mayank Shekhar Singh,Rajesh Kumar Mishra,Shalini Singh Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. 1. Supplementary affidavit filed by learned counsel for the petitioner, explaining criminal history of the petitioner, is taken on record. 2. Counsel submits that respondent no.4 is local advocate who had filed a caveat and because of the pressure created by Stamp Reporter that since caveat has been filed, the caveator has been arrayed as respondent no.4, though he is not a necessary party in this petition. 3. The impugned F.I.R. has been lodged by respondent no.3, who is a Revenue Inspector. It has been alleged that after expiry of license to work as Notary, the petitioner is still executing notarial affidavits, which is violative of Section 9 of Notaries Act, 1952. 4. Learned counsel for the petitioner submits that his application for renewal of license is pending and after expiry of licence, the petitioner has not executed any notarial affidavit. Concocted and mala fide allegations have been made against the petitioner. 5. Learned counsel has relied upon Section 13 of of Notaries Act, 1952, which reads as under: "13. Cognizance of offence.(1) No court shall take cognizance of any offence committed by a notary in the exercise or purported exercise of his functions under this Act save upon complaint in writing made by an officer authorized by the Central Government or a State Government by general or special order in this behalf." 6. In view of the provisions of Section 13 of of Notaries Act, 1952, the impugned F.I.R. dated 31.05.2025 registered as Case Crime No.0141 of 2025 under Sections 318(4), 338, 336(3), 340(2) of B.N.S. and Section 9 of Notaries Act, 1952, Police Station Dhaulana, District Hapur is quashed. 7. Writ petition is allowed, accordingly. 8.District Magistrate, Hapur is directed to initiate inquiry against respondent no.3 as to how he has lodged the F.I.R. against petitioner (notary) when he (respondent no.3) has no role to play under the Notaries Act, 1952. The outcome of the inquiry shall be communicated to Registrar (Compliance) of this Court within six weeks. 9. Registrar(Compliance) shall keep the same on record. Order Date :- 8.7.2025 MN/- (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad