No. - 33799 of 2025 Dr. Dhrubo Sen State of U.P & Anr. v. Dhrubo Sen) arising out of Case Crime no. 712 of 2023 under

HON'BLE SAURABH SRIVASTAVA, J.

Heard Sri Lavlesh Kumar Sharma, learned counsel appearing on behalf of applicant and learned AGA for State.

Present application has been preferred with prayer to quash entire proceeding, charge sheet dated 25.11.2023 as well as summoning order dated 29.03.2024 in Case no. 394/2024 (State vs. Dhrubo Sen) arising out of Case Crime no. 712 of 2023 under Section 420 IPC and section 15(3) Indian Medical Council Act, 1956, PS- Chhibramau, District Kannauj.

Through instant application, charge sheet, cognizance order along with entire proceeding initiated in pursuance to Case Crime no. 712 of 2023 has been put under challenge. It is submitted by learned counsel for applicant that FIR has been registered in pursuance to section 420 IPC and section 15(3) Indian Medical Council Act, 1956 and charge sheet has been submitted against the applicant in pursuance to same section 420 IPC and section 15(3) Indian Medical Council Act, 1956. Although FIR has been registered in pursuance to Indian Medical Council Act, 1956 which is a repealed Act, but while taking cognizance of offence, learned court concerned vide order dated 29.03.2024 took cognizance of offence against applicant in pursuance to section 420 IPC along with section 34(2) National Medical Commission Act, 2019 which is equivalent section of erstwhile section 15(3) of Indian Medical Council Act, 1956.

Learned counsel for the applicant submitted that no court shall take cognizance unless a complaint is preferred by the competent authority as 2 NA528 No. 33799 of 2025 mentioned under Section 54 of National Medical Commission Act, 2019.

Per contra, learned AGA vehemently opposed the prayer sought through instant application but could not dispute the aforesaid arguments.

For ready reference, Section 54 of National Medical Commission Act, 2019 is reproduced hereinbelow: "54. Cognizance of offences.—No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made in this behalf by an officer authorised by the Commission or the Ethics and Medical Registration Board or a State Medical Council, as the case may be. "

After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that the procedure available under Section 54 of National Medical Commission Act, 2019 is strictly applicable, if any sections of National Medical Commission Act, 2019 has been attracted for prosecuting the applicant but in the instant matter FIR has been lodged whereupon inquiry has been conducted by concerned Investigating Officer which culminated into preferring charge sheet whereupon cognizance of offence has been taken up by learned court concerned which is directly controverting the mandate of the procedure as defined under Section 54 of National Medical Commission Act, 2019.

In view of aforementioned facts and circumstances, impugned summoning/cognizance order dated 29.03.2024 passed in Case no. 394 of 2024 arising out of Case Crime no. 712 of 2023, is hereby set aside only in respect of applicant herein. However, it is made clear that this order will not preclude the authorities concerned to initiate fresh proceeding against applicant, if required, strictly in accordance with procedure available under Section 54 of National Medical Commission Act, 2019.

The application u/s 528 BNSS stands allowed accordingly. September 4, 2025 Shaswat (Saurabh Srivastava,J.)