High Court · 2025

Mr. Dharm endra Bart hwal, Advocat e for t he applicant s.

2. Mr. Dinesh Chauhan, Assist ant t he St at e of Governm ent Advocat e Ut t arakhand. bot h Since,

3. t hese Crim inal Miscellaneous Applicat ions, filed under Sect ion 528 of Bharat iya Nagarik Suraksha t he Sanhit a have been preferred by accused- applicant s seeking quashing of charge sheet dat ed 06.04.2023 and 10.05.2023 sum m oning passed by 3 rd Addit ional Sessions Judge/ Special Judge, Vigilance Est ablishm ent , Dehradun in Special Sessions Trial No. 24 of 2023, whereby accused- applicant s have been sum m oned t he t o offences punishable under Sect ions 120- B, 420, 467, 468, 471 & 474 I PC, t herefore, t hese are being heard and decided by t his com m on j udgm ent . dat ed t rial t he case of Briefly st at ed, t he 4. prosecut ion is t hat cert ain persons were found pract icing m edicine on t he st rengt h of forged and fabricat ed degrees of BAMS and t hey had obt ained regist rat ion wit h t he I ndian Medical Council, Ut t arakhand by relying upon such forged docum ent s. Accused- applicant s were not nam ed in t he FI R, however, on invest igat ion, it surfaced t hat t he beneficiaries of such forged cert ificat es and had secured regist rat ion on t he basis applicant s were also t he t hereof. Learned counsel t he accused- 5. applicant s st renuously cont ended t hat since applicant s’ nam e does not find place in t he FI R, t herefore, t heir im plicat ion is wholly unj ust ified and cont inuat ion of proceedings against t hem would am ount t o abuse of process of t he court . Per cont ra,

6. learned St at e Counsel opposed t hese Crim inal Miscellaneous Applicat ions and subm it t ed t hat it is well wit hin t he dom ain of I nvest igat ing Agency and Trial Court t o sum m on any person against whom sufficient m at erial surfaces t hat during applicant s have been sum m oned only aft er due applicat ion of m ind by t he Trial Court and on t he basis of m at erial collect ed during t herefore no int erference is called for. invest igat ion and invest igat ion. is argued I t

7. I t is t rit e law t hat inherent powers under Sect ion 528 of BNSS are t o be exercised sparingly, w it h circum spect ion and in t he rarest of rare cases, only t o prevent abuse of t he process of t he court or t o secure t he ends of j ust ice. Hon’ble Suprem e Court in t he case of St at e of Haryana Vs. Bhaj an Lal, report ed in 1992 Supp. t he param et ers wit hin which such j urisdict ion m ay be invoked. ( 1) SCC 335 delineat ed

8. I n t he present case, t he allegat ion is of obt aining t he applicant s against regist rat ion wit h I ndian Medical t he Council Ut t arakhand on t he basis of forged BAMS degree and pract icing m edicine illegally. The invest igat ion has disclosed prim a facie case against t he applicant s, on which basis t he Trial Court has sum m oned t hem . Merely because t here nam e did not figure in t he FI R does not by it self absolve t hem of crim inal liabilit y, if t he m at erial on record discloses t heir involvem ent . All t he raised by t he fact ual defences, as applicant s are open t o be urged before t he Trial Court at t he appropriat e st age. At t his Court would not t his undert ake a t he sufficiency of correct ness of t he evidence. j unct ure, inquiry roving int o t he for exercise of For t he reasons recorded above, I am 9. of t he considered opinion t hat no ground is m ade out inherent j urisdict ion under Sect ion 528 of BNSS. Bot h Miscellaneous Crim inal Applicat ions are devoid of m erit and t hese are dism issed accordingly. I t is however, clarified t hat any observat ion m ade herein is only for t he purpose of disposal of Miscellaneous present Applicat ions and shall not be const rued as expression on m erit s of t he case before t he Trial Court . Crim inal ( M a n o j K u m a r Ti w a r i , J.)

20.08.2025 Navin NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f4 87df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819 DA875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA