Photo attested with id
Rashid Ali
(Querist) 25 January 2013
This query is : Resolved
respected my senior lawyers i am a junior lawyer . on 22nd November 2012 sellor and buyer with two witnesses came to my senior to get his Bainama (sale deed ) registered.they produced their ID voter card.i prepared their sale deed and attested their photos in that sale deed. now i have come to know that that seller was a fake person . the name of fake person and his fathers name and his address was same as the name of original owner in khatouni .in this way this fake person with the conspiracy of two witness cheated me and the original owner.original owner is threatening me to Lodge fir against me and that fake person along-with witness. i am innocent as i have done nothing wrong . i have just obeyed my senior.i have attested their photos looking their ID . fir is about to lodge . police officer is saying that i was the accused of 120b,467,468,471 ipc and not ready to listen my version and saying me that listen all the story to judge and get bail. sir i am very worried because i have done nothing wrong . my fault is to attest the photo looking their id and preparing that sale deed. sir please advice me what should i do ? as my carrier is yet to be started.thanks with regard.
Sudhir Kumar, Advocate
(Expert) 25 January 2013
You have attested the identity of fake person so prima-facie you are accused.
You say you checked voter I Card but you are saying nothing as to whether any copy of such card was retained.
Rashid Ali
(Querist) 25 January 2013
sir i had checked and submitted in sub registrar office that id.fake person forged that id same as of original owner.
Arvind Singh Chauhan
(Expert) 25 January 2013
No attestation of photo is required by lawyer or deed writer. It is the duty of registrar.
Keep in mind that judicial officer or police never cooperate when a lawyer is in trouble.
If you are really innocent,You need not to worry, don't get disappointed and approach to High court with proof of your innocence to quash the FIR and for stay on arrest.
Take resort of following case law and other case laws if any-
IDENTIFICATION OF PERSON BY ADVOCATE- No offence,Sec 467,468,109,120-B, IPC- Forged registered power of attorney by ”A”- Advocate identifying “A” before Registrar and being witness to deed charged under Sec 467,468,109,120-B, IPC- No evidence showing connection between “A” and Advocate- Act of Advocate can’t be termed either as instigation or as intentional or as conspiracy- Charge against Advocate Quashed- Cr.L.J.-1986- P&H HC -1034, SC’s Rulings.
Rashid Ali
(Querist) 26 January 2013
thanks a lot arvind ji for your kind advice. request more lighten up by all respected lci pillers. thanks with regard
V R SHROFF
(Expert) 26 January 2013
IF U ACTED ON GOOD FAITH, AND U R NOT THE BENEFICIARY, YOU NEED NOT WORRY.
The true owner will certainly file criminal case; lodge police complaint, as he is injured person loosing hois property, and as u identify a wrong person, u will be questioned. You state your site, that u checked Voter ID, and photographs.
Fraud was committed by those parties, not you. It is duty of Registrar to record it's identify .
Notary were suspended for forged POA, but Adv is only Drafting Documents.
Rashid Ali
(Querist) 26 January 2013
thank you very much sir
