Dismissed¶¶16

Vijay Singh v. State of U.P. and Another

Allahabad HC28 Apr 2025NA528/14354/2025

Case brief

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What is this about?

Application U/S 528 BNSS No. 14354 of 2025 (Vijay Singh v. State of U.P. and another), Allahabad High Court, Vikram D. Chauhan, J., decided November 25, 2025 — DISMISSED. Quashing sought of summoning order dated 07.01.2025 (CJM, Amroha) in Sessions Trial No.85 of 2025 under Sections 18A, 18(c)/27(b)(ii), 28 Drugs and Cosmetics Act, 1940, on the ground of a prior same-facts FIR under the Medical Council Act (stayed by this Court). Court held the two are separate offences with separate liability and no double jeopardy was established.

What did the court decide?

The offences under the Medical Council Act and under the Drugs and Cosmetics Act are separate offences imposing separate liability; being prosecuted for the same facts under both statutes does not, for that reason, render the complaint untenable. ¶¶6

Vijay Singh vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 14354 of 2025

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Vijay Singh

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	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Pradeep Kumar
Counsel for Opposite Party(s)		: G.A.

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Court No. - 76

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HON'BLE VIKRAM D. CHAUHAN, J.

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Heard learned counsel for applicant and learned AGA for the State.

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The application has been filed for quashing the summoning order dated 07.01.2025 passed by learned Chief Judicial Magistrate, Amroha as well as entire criminal proceedings of Sessions Trial No.85 of 2025 (Case No. 89 of 2025) (State Vs. Vijay Singh), under Sections 18A, 18(c) / 27 (b)(ii), 28 The Drugs and Cosmetics Act, 1940, Station-Didauli, DistrictAmroha, pending in the Court of First Additional Sessions Judge, Amroha.

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It is submitted by learned counsel for applicant that previously First Information Report in respect of same fact was lodged on 23.9.2024 under Sections 15(2), 15(3) of Indian Medical Council Act, 1956, Section 34 of Indian Medical Commission Act, 2019 and Sections 318(4) and 319(2) BNS and the prosecution in the aforesaid case was going on, however, the proceedings of the aforesaid FIR has been stayed by this Court by order dated 22.8.2025 passed in Application U/S 528 BNSS No.14648 of 2025 (Vijay Singh Vs. State of U.P. and another). Learned counsel for applicant submits that present case arises out of complaint case under the Drugs and Cosmetic Act. Both the cases arises out of same set of fact and as such, present complaint could not be tenable.

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Learned AGA submits that the FIR has been lodged on 23.9.2024 under the Medical Council Act, the same is separate offence and the Drugs and Cosmetics Act is separate offence. Criminal prosecution under

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NA528 No. 14354 of 2025

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the Drugs and Cosmetics Act can only be made on the basis of complaint and as such, separate complaint has been filed.

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Learned counsel for applicant could not dispute fact.

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It is not in dispute between the parties that in respect of same facts and occurrence, applicant has been subjected to offence under the Medical Council Act as well as under the Drugs and Cosmetics Act. It is further to be seen that both the offences are separate offences imposing separate liability under the Medical Council Act and Drugs and Cosmetics Act. It has not been shown by learned counsel for applicant that there was any double jeopardy more particularly under the Drugs and Cosmetics, complainant can only approach the court concerned by filing a complaint. The offence under the Medical Council Act has been registered through First Information Report.

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In view of aforesaid, the application under Section 528 BNSS lacks merit and is dismissed accordingly.

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(Vikram D. Chauhan,J.)

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November 25, 2025

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D. Tamang

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Vijay Singh v. State of U.P. and Another

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Vijay Singh v. State of U.P. and Another

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