Partly allowed

Sachin Kumar Chaurasiya and Another v. State of U.P. and Another

Allahabad HC18 Aug 2025A482/42822/2024

Case brief

AI extract

What is this about?

This Single Judge Bench exercised jurisdiction under Section 482 Cr.P.C. relying on a prior order quashing Section 15(3) IMC charges against a co-accused. The Court granted parity, quashing Section 15(3) IMC proceedings against the applicant to stream focus toward IPC charges.

What did the court decide?

Proceedings under Section 15(3) of the Indian Medical Council Act, 1956 are quashed and set aside; trial to proceed only on IPC charges.

Sachin Kumar Chaurasiya and Another vs State of… — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:139967

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 42822 of 2024

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Applicant :- Sachin Kumar Chaurasiya And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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

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The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.5392 of 2024 (State Vs. Sachin Kumar Chaurasiya and another) arising out of Case Crime No.305 of 2023, under Sections 419, 420, 467, 468, 471 IPC and Section 15(3) of Indian Medical Council Act, 1956, Police Station Dumariyaganj, District Siddharth Nagar, pending in the court of learned Chief Judicial Magistrate, Siddharth Nagar, as well as charge-sheet dated 04.03.2024 and cognizance/summoning order dated 10.05.2024, passed in the aforesaid case.

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At the very outset, learned counsel for applicants submitted that in identical matter, co-accused, Dinesh Kumar Mishra, preferred Application u/s 528 BNSS no.12183 of 2025 (Dinesh Kumar Mishra vs. State of U.P. and another) before this Court challenging the same proceeding, wherein pleadings were entertained by this Court and after due consideration judgment and order dated 11.04.2025 has been passed by this Court, the same is available in the records, whereby proceeding only in pursuance to section 15(3) of Indian Medical Council Act, 1956, has been quashed and set aside and learned court concerned is hereby directed to proceed against the co-accused, Dinesh Kumar Mishra, with Case No.5392 of 2024 (State Vs. Sachin Kumar Chaurasiya and another) arising out of Case Crime No.305 of 2023 only in respect of Sections 419, 420, 467, 468, 471 IPC and Sections 4/25 Arms Act. It is submitted that instant application has been preferred at the behest of applicants, who are also implicated in same Case Crime no.305 of 2023 and the similar argument has been raised by learned counsel for applicants for challenging the said proceedings.

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Although, learned AGA opposed the prayer sought through instant application but did not dispute the fact in respect of

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judgment and order dated 11.04.2025.

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In view of foregoing discussion, parity of judgment and order dated 11.04.2025 is applicable in favour of applicants and as such proceedings in pursuance to section 15(3) of Indian Medical Council Act, 1956 has been quashed and set aside against the applicants and learned court concerned is hereby directed to proceed against the applicants with Case No.5392 of 2024 (State Vs. Sachin Kumar Chaurasiya and another) arising out of Case Crime No.305 of 2023 only in respect of Sections 419, 420, 467, 468, 471 IPC, in the light of judgment and order dated 11.04.2025 passed in case of Dinesh Kumar Mishra (supra) .

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The instant application u/s 482 Cr.P.C. stands partly allowed accordingly.

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Order Date :- 18.8.2025 Saif

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Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad

Sachin Kumar Chaurasiya and Another v. State of U.P. and Another

Case brief

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Sachin Kumar Chaurasiya and Another v. State of U.P. and Another

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