2026:UHC:3667 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS C528 No.1382 of 2025 Hon ’ble Alok Mah r a, J. Mr. Karan Anand, Advocate for the applicants. Mr. Neeraj Garg and Mr. Rajendra Arya, Advocates for the respondent. 2. This criminal misc. application has been filed by the applicants challenging the order dated 11.06.2025 passed by learned IIIrd Additional Chief Judicial Magistrate, Dehradun in Criminal Complaint Case No.3854 of 2024, whereby the applicants have been summoned to face the trial. Applicants have also assailed the order dated 19.07.2025 passed by learned Ist Additional Sessions Judge, Dehradun in Criminal Revision No.192 of 2025, whereby the revision preferred by the applicants was dismissed and the summoning order dated 11.06.2025 was affirmed. 3. Respondent no.2 instituted a complaint against the applicants for the offences punishable under Sections 406, 420, 120-B, 464, 468, 471 and 34 I.P.C., alleging therein that she had purchased the flat in question through a registered sale deed and her name was duly mutated in the revenue records. Subsequently, matrimonial discord arose between the respondent and the applicants, due to which she started residing separately from her matrimonial home. It is alleged in the complaint that applicant no.1, despite having no right, title or interest in the said property, 2026:UHC:3667 executed a rent deed by falsely portraying himself as the owner of the property, though the property exclusively belonged to the respondent, thereby committing forgery and other allied offences. After conducting inquiry and considering the police inquiry report as well as the material available on record, learned IIIrd Additional Chief Judicial Magistrate, Dehradun took cognizance and vide order dated 11.06.2025 summoned applicant no.1 to face trial under Sections 406, 448, 467 and 471 I.P.C., applicant no.2 under Section 448 I.P.C. and applicant no.3 under Section 406 I.P.C. Aggrieved against the said summoning order, the applicants preferred Criminal Revision No.192 of 2025, which came to be dismissed by learned Ist Additional Sessions Judge, Dehradun vide judgment and order dated 19.07.2025. Hence, the present criminal misc. application. 4. Learned counsel for the applicants submits that the complaint itself was not maintainable in the eyes of law, inasmuch as, the very foundation of the complaint, namely, the alleged original rent deed, was never produced before the Court alongwith the complaint and, therefore, the learned Magistrate ought not to have passed the impugned summoning order in absence of the primary document. It is further submitted that the notices issued to applicant nos.1 and 2 were not in conformity with the proviso to Section 160 Cr.P.C. and the mandatory procedure prescribed therein has not been complied with. It is also contended that the dispute between the parties is essentially civil in nature, arising out of matrimonial discord and property 2026:UHC:3667 dispute, with regard to which civil proceedings for cancellation of the sale deed are already pending between the parties. Therefore, the criminal proceedings have been initiated only to exert pressure upon the applicants and amount to abuse of the process of law. It is further argued that no ingredients of the offences alleged are made out from the material available on record and the Courts below have failed to appreciate the matter in its proper perspective while passing the impugned orders. 5. Per contra, learned counsel appearing for the respondent submits that the statements of the mother and father of the complainant were duly recorded as power of attorney holders of the respondent and the learned Magistrate, after due application of mind to the material collected during inquiry, has rightly summoned the applicants. It is submitted that the impugned orders do not suffer from any illegality, perversity or jurisdictional error warranting interference by this Court in exercise of its inherent jurisdiction. 6. Having heard learned counsel for the parties and upon perusal of the record, this Court finds no illegality, perversity or jurisdictional error in the impugned orders passed by the Courts below warranting interference in exercise of inherent jurisdiction. The learned Magistrate, after considering the averments made in the complaint, statements recorded during inquiry and the police inquiry report, found sufficient grounds to proceed against the applicants for the offences disclosed from the material available on record. At the stage of summoning, the Court is only 2026:UHC:3667 required to examine whether a prima facie case is made out and meticulous appreciation of evidence is not warranted. The contention of learned counsel for the applicants that the original rent deed was not filed alongwith the complaint cannot be accepted at this preliminary stage, as the veracity, genuineness and evidentiary value of the document are matters to be examined during trial on the basis of evidence led by the parties. Likewise, the plea regarding non-compliance of Section 160 Cr.P.C. does not go to the root of the matter so as to vitiate the summoning order, particularly when sufficient material was otherwise available before the Magistrate for proceeding against the applicants. The argument that the dispute is purely civil in nature is also devoid of merit. Merely because civil proceedings are pending between the parties, criminal proceedings cannot be quashed where the allegations prima facie disclose commission of cognizable offences. The allegations made in the complaint, if taken at their face value, disclose ingredients of the offences for which cognizance has been taken. 7. Accordingly, the criminal misc. application, being devoid of merits, is liable to be dismissed and is hereby dismissed. ( Alok Mah r a, J.) 13.05.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393398 f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4 DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.13 18:17:47 +05'30'