Dr Dheeraj Raghav @ Dheeraj Singh Raghav Vs State of… — Cheating and Forgery | Allahabad HC (2025)

Dr Dheeraj Raghav @ Dheeraj Singh Raghav Vs State of… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Charge-sheet dated 14.05.2023, cognizance/summoning order dated 02.09.2023 and entire proceedings of Criminal Case No.638 of 2023 arising out of Case Crime No.553 of 2022 set aside qua the applicant; liberty reserved to the competent authority to reinitiate the matter in strict consonance with the procedure under the Act of 1994, if so required.

Issue for consideration

Whether the charge-sheet dated 14.05.2023, the cognizance/summoning order dated 02.09.2023 and the entire proceedings of Criminal Case No.638 of 2023 arising out of Case Crime No.553 of 2022 are liable to be set aside against the applicant on the same grounds on which proceedings against co-accused persons were set aside by order dated 15.05.2025, i.e., the bar under Section 28 of the Act of 1994 to taking cognizance otherwise than on a complaint.

Court's answer

In pursuance of the relief already granted to co-accused persons by this Court's order dated 15.05.2025 in Application U/S 528 BNSS No.11599 of 2025, the charge-sheet dated 14.05.2023, the cognizance/summoning order dated 02.09.2023 and the entire proceedings of Criminal Case No.638 of 2023 (State vs. Mukesh Chauhan and Others) arising out of Case Crime No.553 of 2022 are set aside qua the applicant.

Ratio / Principle

It is made clear that the competent authority may reinitiate the matter in strict consonance with the procedure defined under the Act of 1994, if so required.

Detailed headnote1 paragraphs

PCPNDT Act, 1994 — Quashing — Section 28 bars cognizance of offences under the Act except on a complaint — Co-accused persons had already been granted quashing of the entire proceedings of Case Crime No.553 of 2022 by this Court's order dated 15.05.2025 in Application U/S 528 BNSS No.11599 of 2025 (Praveen Kumar and 2 others Vs. State of U.P. and another) — On parity, and the State not disputing the fact, the charge-sheet dated 14.05.2023, the cognizance/summoning order dated 02.09.2023 and the entire proceedings of Criminal Case No.638 of 2023 (State vs. Mukesh Chauhan and Others), P.S. Dhaulana, District Hapur, were set aside qua the applicant — Application under Section 482 allowed — Competent authority at liberty to reinitiate proceedings in strict consonance with the procedure under the Act of 1994, if required.

Neutral Citation No. - 2025:AHC:83912

Court No. - 74

Case :- APPLICATION U/S 482 No. - 36174 of 2024

Applicant :- Dr Dheeraj Raghav @ Dheeraj Singh Raghav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Srivastava,J.

Heard learned counsel for applicant and learned A.G.A. for State.

The instant application has been preferred for challenging the charge-sheet dated 14.05.2023 along with cognizance/summoning order dated 02.09.2023 and the entire proceedings of Criminal Case No.638 of 2023 (State vs. Mukesh Chauhan and Others) arising out of Case Crime No.553 of 2022, under sections 3(2)/23, 3A/23, 4(3)/23, 4(4)/23, 5(2)/23, 6/23, 23, 29/23 of the PreConception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as "the Act of 1994") and sections 420, 120B I.P.C., P.S. Dhaulana, DistrictHapur, pending before learned court of Additional Chief Judicial Magistrate, Hapur.

At the very outset, learned counsel for applicant submitted that in a similar matter arising out of same case crime number, this Court vide its order dated 15.05.2025 passed in Application U/S 528 BNSS No.11599 of 2025 (Praveen Kumar and 2 others Vs. State of U.P. and another) preferred at the behest of co-accused persons, has already set aside the entire proceedings arising out of Case Crime No.553 of 2022 in respect of co-accused persons on the ground that as per Section 28 of the Act of 1994, no Court shall take cognizance of offence as mentioned under the Act of 1994 except over the complaint. Learned counsel for applicant further submitted that on the grounds upon which, entire proceedings of Case Crime No.553 of 2022 against co-accused persons has been set aside by this Court vide order dated 15.05.2025, have taken up by applicant also through the instant application and as such, the same may also be allowed.

Per contra, learned AGA opposed the prayer sought through the instant application but did not dispute the aforesaid fact.

Since co-accused persons in the present case crime number have already been granted relief in shape of quashing of entire proceedings of said case vide order dated 15.05.2025 passed by this Court in Application U/S 528 BNSS No.11599 of 2025 (Praveen Kumar and 2 others Vs. State of U.P. and another) and as such, charge-sheet dated 14.05.2023 along with cognizance/summoning order dated 02.09.2023 and the entire proceedings of Criminal Case No.638 of 2023 (State vs. Mukesh Chauhan and Others) arising out of Case Crime No.553 of 2022, under sections 3(2)/23, 3A/23, 4(3)/23, 4(4)/23, 5(2)/23, 6/23, 23, 29/23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as "the Act of 1994") and sections 420, 120B I.P.C., P.S. Dhaulana, District- Hapur, pending before learned court of Additional Chief Judicial Magistrate, Hapur, are hereby set aside in pursuance of applicant herein also.

6. Accordingly, the instant application is allowed .

However, it is made clear that the competent authority may reinitiate the matter in strict consonance of the procedure as defined under the Act of 1994, if so required.

Order Date :- 19.5.2025 Vivek Kr.

Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad