Uttarakhand High Court

Perjury and contempt notices for filing forged documents discharged upon unconditional apology and medical grounds.

YOGESH PRASAD vs UTTARAKHAND STATE COOPERATIVE FEDERATION LTD

Uttarakhand High CourtJUDGMENT: April 09, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner challenged a tender notice dated 28.01.2026 issued by the Uttarakhand State Cooperative Federation Ltd. regarding Godown No. ICF B-5026, seeking regularization of his lease

Source reference: para. 1

The petitioner claimed he held a 30-year lease agreement dated 30.08.2006

Source reference: para. 2

Upon examination of the original lease deed produced by the respondent, the Court found that the lease was actually for a period of only three years, and the document filed by the petitioner was "interpolated" and "fake"

Source reference: para. 9-10

Consequently, the Court issued a show-cause notice to the petitioner for perjury and criminal contempt for misleading the Court

Source reference: para. 12

The petitioner initially filed a withdrawal application with a conditional apology, which was later replaced by a second application (IA No. 03 of 2026) offering an unconditional apology and disclosing that the petitioner suffers from oral cancer

Source reference: para. 4-7
02

Issues

1. Whether the petitioner’s claim of a 30-year lease was based on a forged and manipulated document.

Source reference: para. 9

2. Whether proceedings for perjury and criminal contempt should be sustained against the petitioner for misleading the Court.

Source reference: para. 11-12

3. Whether the petitioner should be permitted to withdraw the writ petition in light of the discovered interpolation and his medical condition.

Source reference: para. 4-9
03

Law Applied

The Court applied the fundamental principle that a party seeking relief under writ jurisdiction must come with clean hands; filing fake or manipulated documents constitutes perjury and interference in the course of administration of justice

Source reference: para. 11

While the Court possesses the power to initiate criminal contempt and perjury proceedings for such misconduct, it may exercise judicial discretion to take a "lenient view" and discharge such notices if an unconditional apology is tendered and significant mitigating circumstances, such as a life-threatening medical condition, are present

Source reference: para. 7-8
04

Reasoning

The Court compared the petitioner’s submitted lease deed with the original produced by the Respondent No. 1 and found clear evidence of manipulation in Clause 1 and Clause 4, where "3 years" was altered to "30 years"

Source reference: para. 8-10

The Court initially determined that this act was a prima facie attempt to obtain relief through fraud, warranting contempt proceedings

Source reference: para. 11

However, in the final hearing, the Court evaluated the petitioner's second affidavit (IA No. 03 of 2026).

Source reference: para. 7

It noted that the petitioner was diagnosed with carcinoma of the buccal mucosa and had undergone invasive surgery

Source reference: para. 7

Balancing the gravity of the misconduct against the petitioner’s terminal illness and his eventual unconditional apology, the Court opted for a lenient approach rather than pursuing criminal prosecution

Source reference: para. 8
05

Holding

The Court discharged the notice for perjury and criminal contempt, taking a lenient view of the petitioner’s medical condition

The Court allowed the withdrawal application (IA No. 03 of 2026) and dismissed the writ petition as withdrawn

Source reference: para. 9-10

All pending applications were disposed of accordingly

Source reference: para. 11
Uttarakhand High Court

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YOGESH PRASADvsUTTARAKHAND STATE COOPERATIVE FEDERATION LTD

Uttarakhand High Court · April 09, 2026

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