Mohammad Salman v. State of U.P & Anr.

Hon'ble Saurabh Srivastava,J.

Heard Sri Sayyed Kashif Abbas Rizvi, learned counsel for the applicant and learned A.G.A. for the State.

Present application has been preferred to quash the impugned charge- sheet dated 25.04.2022 as well as summoning/cognizance order dated 27.03.2023 including the entire proceedings of Criminal Case No. 4659 of 2023 arising out of Case Crime No.0089 of 2022, under section 420 I.P.C., sections 15(2), 15(3) of Indian Medical Council Act, 1956, Section 30 of United Provinces Medical Act, 1917, Police Station-Kotwali Mandi, District-Saharanpur, pending in the Court of learned Chief Judicial Magistrate, Saharanpur as well as to stay the further proceedings of abovementioned case.

Apart from the other legal grounds taken up for quashing of the entire proceedings arising out of case crime no. 0089 of 2022, precise weight age has been given by learned counsel for the applicant that no proceeding can be initiated under the repealed Act by the prosecution, meaning thereby, once any specific Act has been repealed, the process for continuing the prosecution against the applicant become redundant.

In the instant matter, institution of case crime no. 0089 of 2022 on the basis of incident occurred on dated 05.03.2022, for which the FIR has been instituted on 11.03.2022, although attracting certain sections mentioned under the National Medical Commission Act, 2019, but the FIR has been instituted against the applicant under the Indian Medical Council Act, 1956 and after conducting detailed investigation, the concerned investigating officer preferred chargesheet, whereupon cognizance of offence has been taken up by learned concerned court in respect of certain sections of the Indian Medical Council Act, 1956, which has already been repealed in the year 2019 itself after commencement of the National Medical Commission Act, 2019 (30 of 2019).

Learned counsel for the applicant has sought the attention of the Court over section 60 of the National Medical Commission Act, 2019 which 2 NA528 No. 4173 of 2025 clearly demonstrates that with effect from such date as the Central Government may appoint in this behalf, the Indian Medical Council Act, 1956 shall stand repealed and the Medical Council of India constituted under sub-section(1) of Section 3 of the National Medical Commission Act, 2019 shall stand dissolved.

Per contra, learned A.G.A. has vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant, but did not disputed section 60 of the National Medical Commission Act, 2019, but at the same time, submitted that section 30 of United Provinces Medical Act, 1917, in which the applicant is also implicated.

After hearing rival submissions extended by learned counsel for the parties, this Court finds that once the majority of the sections in which the applicant has been implicated under the repealed Act and only under section 30 of United Provinces Medical Act, 1917 is also fastened against the applicant, in which the highest penalty provided under the same section is maximum fine of Rs. 300/- in all conviction can also be fastened if the proceeding may be re-instituted in pursuance to the National Medical Commission Act, 2019, if required against the applicant.

The argument so raised by learned counsel for the applicant is convincing that no prosecution can be permitted under the repealed Act, wherein the cognizance of the offence has been taken up by learned trial court.

In view of the aforementioned facts and circumstances of the case, the proceedings initiated against the applicant in shape of Criminal Case No. 4659 of 2023 arising out of Case Crime No.0089 of 2022, under section 420 I.P.C., sections 15(2), 15(3) of Indian Medical Council Act, 1956, Section 30 of United Provinces Medical Act, 1917, Police Station-Kotwali Mandi, District-Saharanpur, pending in the Court of learned Chief Judicial Magistrate, Saharanpur is hereby quashed and set-aside.