BNSS No. 6870 of 2026 · Allahabad High Court

Prakhar Saran Srivastava : : G.A. Court No. - 81 HON'BLE VIVEK KUMAR SINGH, J.

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

Present application under Section 528 B.N.S.S. has been preferred for quashing the entire proceeding of Sessions Trial No.585 of 2025 (State of UP vs. Rajiv and Others0, arising out of case crime no.128 of 2025, under Sectoins 319(2), 318(4), 3(5), 105 BNS, 2023 and Section 34(4) National Medical Commission Act, 2019, Police Station Dadri, District Gautam Budh Nagar, pending in the court of Sessions Judge, Gautam Buddh Nagar, as well as order dated 04.12.2025 passed by the Sessions Judge, Gautam Buddh Nagar dismissing the discharge application of the applicant.

It is submitted by learned counsel for the applicant that she is a qualified doctor. She holds a degree of Bachelor of Homeopathic Medicine and Surgery. She is duly registered with the Homeopathic Medicine Board, Uttar Pradesh, Lucknow having Registration No.H041838, registration certificate of the applicant has been appended as Annexure-11 to this application. It is further submitted by the learned counsel for the applicant that the applicant was not named in the FIR by the first informant. During course of investigation, the applicant was made accused on the basis of the statements of family members of the first informant. The incident had taken place on 02.01.2025 and the FIR was lodged on 10.03.2025 and if the applicant participated in the alleged 2 NA528 No. 6870 of 2026 offence she would have been named accused in the first information report. Even in the report of the Chief Medical Officer dated 22.02.2025 no specific allegation has been levelled against the present applicant. Main allegation has been levelled in the first information report against one Dr. Rajiv.

Per contra, learned AGA opposed the prayer and submitted that discharge application of the applicant has been rejected by the learned trial court vide order dated 04.12.2025 and there is ample evidence against the applicant to frame charge against her.

The matter requires consideration.

Issue notice to opposite party no. 2 returnable at an early date.

The opposite parties may file their counter affidavit within six weeks.

Rejoinder affidavit, if any, may thereafter be filed within two weeks.

List thereafter.

Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant. February 25, 2026 Nitendra (Vivek Kumar Singh,J.)