2025:UHC:7369 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C528/505/2024 with C528/506/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Dharmendra Barthwal, Advocate for the applicants. 2. Mr. Dinesh Chauhan, Assistant Government Advocate for the State of Uttarakhand. 3. Since, both these Criminal Miscellaneous Applications, filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita have been preferred by the accused-applicants seeking quashing of charge sheet dated 06.04.2023 and summoning order dated 10.05.2023 passed by 3rd Additional Sessions Judge/ Special Judge, Vigilance Establishment, Dehradun in Special Sessions Trial No. 24 of 2023, whereby accused-applicants have been summoned to face trial for the offences punishable under Sections 120-B, 420, 467, 468, 471 & 474 IPC, therefore, these are being heard and decided by this common judgment. 4. Briefly stated, the case of the prosecution is that certain persons were found practicing medicine on the strength of forged and fabricated degrees of BAMS and they had obtained registration with the Indian Medical Council, Uttarakhand by relying upon such forged documents. Accused-applicants were not named in the FIR, however, on investigation, it surfaced that the applicants were also the beneficiaries of such forged certificates and had secured registration on the basis 2025:UHC:7369 thereof. 5. Learned counsel for the accused- applicants strenuously contended that since applicants’ name does not find place in the FIR, therefore, their implication is wholly unjustified and continuation of proceedings against them would amount to abuse of process of the court. 6. Per contra, learned State Counsel opposed these Criminal Miscellaneous Applications and submitted that it is well within the domain of Investigating Agency and Trial Court to summon any person against whom sufficient material surfaces during investigation. It is argued that applicants have been summoned only after due application of mind by the Trial Court and on the basis of material collected during investigation and therefore no interference is called for. 7. It is trite law that inherent powers under Section 528 of BNSS are to be exercised sparingly, with circumspection and in the rarest of rare cases, only to prevent abuse of the process of the court or to secure the ends of justice. Hon’ble Supreme Court in the case of State of Haryana Vs. Bhajan Lal, reported in 1992 Supp. (1) SCC 335 delineated the parameters within which such jurisdiction may be invoked. 8. In the present case, the allegation against the applicants is of obtaining registration with the Indian Medical Council Uttarakhand on the basis of forged BAMS degree and practicing medicine illegally. The investigation has disclosed prima facie case against the applicants, on which basis the Trial Court has summoned them. Merely because there name did not figure in the FIR does not by itself absolve them of criminal liability, if the material on record discloses their involvement. All the 2025:UHC:7369 factual defences, as raised by the applicants are open to be urged before the Trial Court at the appropriate stage. At this juncture, this Court would not undertake a roving inquiry into the sufficiency of correctness of the evidence. 9. For the reasons recorded above, I am of the considered opinion that no ground is made out for exercise of inherent jurisdiction under Section 528 of BNSS. Both the Criminal Miscellaneous Applications are devoid of merit and these are dismissed accordingly. It is however, clarified that any observation made herein is only for the purpose of disposal of present Criminal Miscellaneous Applications and shall not be construed as expression on merits of the case before the Trial Court. (Manoj Kumar Tiwari, J.) 20.08.2025 Navin NAVEEN CHANDRA Digitally signed by 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 Date: 2025.08.25 18:43:39 +05'30'