2026:UHC:3039 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482 No.1393 of 2023 Hon’ble Alok Mahra, J. Mr. H.C. Pathak and Mr. Harshit Sanwal, Advocates for the applicant. Mr. Pradeep Lohani, A.G.A. for the State of Uttarakhand. Mr. Pradeep Kumar Mittal and Mr. Rajyavardhan Chaudhary, Advocates for respondent no.2. 2. This Criminal Miscellaneous Application has been instituted by the applicant seeking quashing of the summoning order dated 14.03.2023, the impugned judgment and order dated 22.05.2023 passed by the learned Ist Additional Sessions Judge, Rishikesh, District Dehradun in Criminal Revision No. 13 of 2023, as well as the entire proceedings of Criminal Complaint Case No. 51 of 2022 pending before the Court of learned Additional Chief Judicial Magistrate, Rishikesh, District Dehradun. 3. Learned counsel for the applicant submits that the learned trial Court has erroneously taken cognizance of the offences punishable under Sections 177, 181, 465 & 471 I.P.C. on the basis of a complaint lodged by a private individual, which is impermissible in law. It is contended that there is no allegation of any interpolation or fabrication on the part of the applicant, and the certificate issued by D.B.S. Inter College was furnished in its original form and format. It is further submitted that even assuming the allegations to be correct, furnishing incorrect information in 2026:UHC:3039 nomination papers would, at best, amount to a corrupt practice under the election law, for which the appropriate remedy lies in filing an election petition, and not by way of criminal prosecution. It is also argued that the ingredients of Section 471 I.P.C. are not attracted, as there is no specific allegation that the certificate relied upon by the applicant is forged or fabricated, nor that the applicant had knowledge of any such alleged forgery. Reliance has been placed upon the judgment of the Hon’ble Supreme Court in Devendra Kumar vs. State (NCT of Delhi) & another, reported in 2025 SCC OnLine SC 1753, wherein it has been held that severance of distinct offences is not permissible if it results in circumventing the statutory bar contained in Section 195(1)(a)(i) Cr.P.C., which mandates that certain offences relating to public justice can only be prosecuted upon a complaint in writing by a public servant concerned. The Court emphasized that the substance of the allegations must be examined to determine whether the bar under Section 195 Cr.P.C. is attracted. He submits that complainant have also moved compliant before the Police, in which after investigation, Closure Report was submitted. 4. Per contra, learned counsel for the respondent no.2 submits that the applicant, in collusion with the Principal of the institution, submitted a forged certificate. It is contended that the Board of Higher Secondary Education, Delhi, in its communication to Adarsh Education Society, has categorically stated that the certificate in question was not issued by the Board and that the concerned institution is not affiliated with it, thereby 2026:UHC:3039 prima facie establishing the falsity of the document. 5. Having considered the rival submissions and perused the material on record, this Court finds that the learned trial Court proceeded to take cognizance for offences under Sections 177 and 181 I.P.C. on the basis of a private complaint. In view of the statutory bar engrafted under Section 195(1)(a)(i) Cr.P.C., such cognizance could not have been taken except upon a complaint in writing by the public servant concerned or by a Court to which such public servant is subordinate. The ratio laid down by the Hon’ble Apex Court in Devendra Kumar (supra) squarely applies, as the substratum of the allegations pertains to furnishing false information to a public authority, thereby attracting the bar under Section 195 Cr.P.C., which cannot be circumvented by resorting to a private complaint. 6. Consequently, the Criminal Miscellaneous Application stands allowed and the entire proceedings of Criminal Complaint Case No. 51 of 2022 pending before the Court of learned Additional Chief Judicial Magistrate, Rishikesh, District Dehradun, are quashed. (Alok Mahra, J.) 23.04.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a2 0dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB 987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.23 18:16:11 +05'30'