The Single Judge held that the order taking cognizance showing an offence under the Medical Profession Act, 1961 is liable to be set aside. The application was allowed and the matter remanded to the court below to pass a fresh order.
Cognizance order set aside; proceedings quashed; matter remanded to court below for fresh order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78
Case :- APPLICATION U/S 482 No. - 1320 of 2020 Applicant :- Musarraf And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the charge-sheet, cognizance order dated 20.9.2019 as well as the entire proceedings in Case No. 12 of 2019, arising out of Case Crime No. 216 of 2018, under Sections 420, 175, 176 IPC and 25(2)(3) Medical Profession Act, 1961, Police Station Anoop Shahar, District Bulandshahr, pending before the Additional Chief Judicial Magistrate, Anoopshahr, Bulandshahr and further to stay further proceedings of the aforesaid case.
It is submitted by the learned counsel of the applicants that FIR as well as charge sheet has been submitted in the matter showing offence under Medical Profession Act, 1961, which is illegal. No such enactment has been made with such nomenclature. It is further submitted that cognizance taken in the matter on the basis of offence shown against the applicants is not permissible. Learned counsel for the applicants pointed out certain documents and statements in support of his contention. Lastly, it is submitted that cognizance order may be set aside and proceedings against applicants may be quashed.
Learned AGA opposing the prayer submitted that in fact provisions of Indian Medical Council Act are attracted in the matter and there is specific provisions about facts and circumstances of the present matter under Sections 15(2) and (3) of said Act. It is also submitted that merely on this basis that offence against the applicant under Sections 25 (2) and (3) of Medical Profession Act has been disclosed, cognizance taken in the matter cannot be said to be illegal.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.
Having regard to the facts and circumstances of the case as well as the evidence available on record, I am of the view that order taking cognizance in the matter showing aforesaid offence under aforesaid Act is liable to be set-aside and application is liable to be allowed and matter is liable to be remitted back to consider the matter afresh.
Accordingly, application is allowed . Impugned cognizance order is setaside. Matter is remanded back to the Court below to pass fresh order in the matter in accordance with law.
Order Date :- 3.2.2020 safi
3 issues framed by the court
Whether the cognizance order based on an offence under the Medical Profession Act, 1961 is liable to be set aside due to alleged illegality of the enactment.
Whether the criminal proceedings under the said charge should be quashed and the matter remanded to consider the issue afresh.
Whether the application under Section 482 CrPC for quashing the proceedings is maintainable in view of the defects in the charge sheet.
3 provisions across 3 enactments
Musarraf And 2 Others
State Of U.P.
Om Prakash-VII
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
