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It is contended by the counsel for the applicant that the applicant is an Advocate by profession and is practicing in Dabra District, Gwalior. It is his professional duty to draft the documents as required by his clients. It is further submitted that unless and until there is some element of conspiracy between the applicant and the co-accused persons, then merely in discharge of his professional duty, if the applicant had drafted certain documents then, that by itself would not be sufficient to hold that the applicant has also committed an offence as alleged by the complainant. It is further submitted that the applicant in the capacity of an Advocate earns his livelihood by drafting the documents and by representing the clients before the Courts, and also by arguing on their behalf. Therefore, it cannot be said that by drafting this power of attorney or sale-deed which according to the complainant is a forged document the applicant in any manner, has committed any offence.

Per contra, the counsel for the applicant submitted that although there is no other evidence on record to show that the applicant except by drafting the power of attorney and the sale-deed has done anything else but, it is a matter of evidence that whether the applicant was a part of the conspiracy or not. Accordingly, it was submitted that the FIR at this stage, may not be quashed.

Heard the learned counsel for the parties. Undisputedly, the applicant is an advocate by profession and he is practicing as a lawyer in District Court Dabra, District Gwalior. An Advocate earns his livelihood by drafting documents, by representing their clients before the Court and, therefore, it is their professional duty to draft documents on the instructions of the clients or to represent them in the Court of law. Thus, merely because a document has been drafted by an advocate, that by itself would not be sufficient to prima facie hold that if, such document is subsequently found to be a forged document, then the advocate was also a part of the conspiracy. In such a situation, there should be something more to show that the advocate knew this fact that the person who has given instructions infact is impersonating himself as other person.

On going through the power of attorney which was executed on 08.07.2011, it is seen that at the bottom of the said document, it is mentioned that "drafted by N.S.Baghel, Advocate, District-Dabra." Except this no other action was taken by the present applicant. Similarly, on going through the sale-deed dated 23.12.2011 it is found that at the bottom of the sale-deed it is mentioned that "drafted by me N.S.Baghel, Advocate, District-Dabra." In this document also nothing else was done by the present applicant. In both the documents neither he identified the executant of the sale-deed nor witnesses. Under these circumstances, this Court is of the view that merely, by drafting the power of attorney dated 08.07.2011 and sale- deed dated 23.12.2011, it cannot be said that the applicant has committed any offences punishable under Sections 149, 420, 467, 468, 471, 120B and 34 of IPC.