IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application No. 215 of 2008 Smt. Pushpa Yadav ....…. Petitioner Versus State of Uttarakhand and others ....…. Respondents …….. Mr. Jagat Singh, Advocate for the petitioner. Mr. Nandan Arya, Asstt. Government Advocate for the State. Mr. J.P.Joshi, Advodate for H.N.B. University, Pauri Garhwal. Mr. Lalit Sharma, Advocate for respondent no. 4. ………. Hon’ble V.K. GUPTA, C. J. At the centre of controversy in the criminal proceedings (under challenge in this petition filed under Section 482 Cr.P.C.) launched by respondents 1 to 3 against the petitioner at the instance of respondent no. 4 was the allegation that for contesting the election to the post of a member of Management Committee in an Inter College, the petitioner had falsely declared herself to be a graduate (a candidate being a graduate was an eligibility criterion for contesting this election). 2. Since the objection was raised that the petitioner was not a graduate, she took steps and accordingly got from Hemvati Nandan Bahuguna Garhwal University, Sri Nagar, Pauri Garhwal a Degree Certificate. Unfortunately for the petitioner, the Decree issued by the University in the year 2003, even though was in the name of one Km. Pushpa, in fact, this Km. Pushpa turned out to be a person other than the petitioner. In view of this interesting coincidence, when this mistake was discovered, the petitioner took steps and in the year 2007 was issued a Degree Certificate, which, as per the affidavit of Registrar of H.N.B. Garhwal Universty, Sri Nagar, Pauri Garhwal filed in this Court, actually and factually, was in the name of the petitioner. 3. There is no dispute that the petitioner passed her B.A. from H.N.B. Garhwal University, Pauri Garhwal. Only the difficulty is that the Degree was not issued in her favour till as late as 2007, because she had not 2 completed some formalities, such as the submission of Marks Certificate of her B.A. I examination which she had passed form Delhi University in the year 1967. 4. The aforesaid facts clearly point out that the petitioner, in fact, is a graduate having passed her B.A. examination and having been given the Degree in the year 2007. It is nobody’s contention that the petitioner has obtained any undue benefit or has caused any harm to anybody. 5. Based on the aforesaid, I have no hesitation in quashing the proceedings under challenge in this petition. The proceedings are accordingly quashed with all the consequences. 6. The petition stands disposed of. (V. K. Gupta, C. J.) 16.06.2008 A