High Court · 2025

It is also stated that the present case is fully covered by the order dated 11.01.2021 passed by this Court in APPLICATION U/S 482 No. 4 of 2021 (Chandra Prakash Chaudhary vs. State of U.P. and another). The relevant portion of the order dated 11.01.2021, referred, is extracted hereunder:- "The present application has been filed challenging the order dated 19.11.2020 passed by the 3rd Additional Sessions Judge, Basti in Criminal Revision No. 90 of 2020 (Chandra Prakash Chaudhary Vs. State of U.P. and Another) as well as the order dated 19.9.2020 passed by the Chief Judicial Magistrate, Basti in Misc. Case No. 494/12/2020, Case No. 1294 of 2020 (State Vs. Chandra Prakash Chaudhary) arising out of Case Crime No. 279 of 2019, under Sections 419, 420 IPC and Section 15(3) of the Indian Medical Council Act, P.S. Lalganj, District Basti. The brief contention of the counsel for the applicant is that the applicant has taken the premises on rent from one Raghav Ram and opened a Hospital on the said premises for providing medical facilities. It is stated that the Chief Medical Officer, Basti issued a medical establishment certificate to the applicant as owner on 20.9.2019. The said certificate was valid from 20.9.2019 to 30.4.2020 and the applicant was running a medical center in the name and style of Krishna Medical Center in the Village Jobhiyaon Chauraha, Post Udhraha, District Basti. It is argued that in the said center one Dr. Shailendra Kumar Yadav was working as full time doctor, one Ranchan Devi was working as part time A.N.M. and one Pooja was working as full time G.N.M. An F.I.R. came to be lodged against the applicant as Case Crime No. 279 of 2019, under Sections 419, 420 I.P.C. and Section 15(3) of the Indian Medical Council Act at Police Station Lalganj on 19.10.2019, wherein allegations were levelled that at the time of inspection it was found that the applicant, who does not even have a degree, was performing operations. The applicant denied the said allegations, however, the present application has been filed on the ground that not only an FIR was lodged, the entire hospital was seized and sealed in pursuance to an order dated 19th October, 2019 passed by the C.M.O., informing the S.H.O. that premises has been sealed in exercise of powers under Section 15(3) of the Indian Medical Council Act. The neat submission of the counsel for the applicant is that for the sake of arguments even if the averments made in the F.I.R. are treated to be correct, there is no power vested either with the S.H.O. or the C.M.O. to seal the premises, as has been done in purported exercise of powers under Section 15(3) of the Indian Medical Council Act. Section 15(3) of the Indian Medical Council Act is being quoted hereinbelow:- "15 (3) Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.]" A plain reading of the provisions of Section 15 (3) of the Indian Medical Council Act makes it clear that it provides for punishment to any person who contravenes any of the provisions of Sub Section (2) with an imprisonment for a term which may extend to one year or with fine which may extend to Rs. 1,000/- or with both. Contravention which can attracts punishment under section 15 (3) are contained in Section 15(2). A perusal of the said Section does not in any way empower the authorities to seal or seize the property, as has been done in the present case. Learned A.G.A. was granted time to ascertain the source or power under which the sealing and the seizure activity has been carried out. He fairly states that no such power has been found either under the Cr.P.C. or under the provisions of the Indian Medical Council Act. As the parties agree that no such specific powers exist, the act of sealing and seizure of the hospital is in clear violation of rights enshrined in the applicant under Article 300-A of the Constitution of India. The applicant had rightly approached the Court concerned for lifting the sealing order, which was rejected and the Revisional Court also rejected the revision. The authorities have sealed the hospital and a seizure order has been passed without there being any authority of law, thus I have no hesitation in holding that the order sealing the premises is clearly bad in law. It is well settled that if any action of the State has expropriatory effect, the same should be specifically authorised by a valid law. Admittedly, there is no such law authorising the State to seal the premises as has been done in the present case. Once source of power cannot be traced, the Courts below ought to have release the seizure of the premises and the revisional court has committed manifest error of law in dismissing the revision. Accordingly, the application is allowed. The order dated 19.11.2020 passed by the 3rd Additional Sessions Judge, Basti in Criminal Revision No. 90 of 2020 (Chandra Prakash Chaudhary Vs. State of U.P. and Another) as well as the order dated 19.9.2020 passed by the Chief Judicial Magistrate, Basti in Misc. Case No. 494/12/2020, Case No. 1294 of 2020 (State Vs. Chandra Prakash Chaudhary) are quashed. Directions are issued for forthwith de-sealing of the premises namely, Krishna Medical Center situated at Village Jibhiyao, Post Kudraha, District Basti." The aforesaid could not be disputed. Accordingly, this Court finds that the present application is liable to be allowed in the light of the observations made by this Court in the order dated 11.01.2021. In view of above, the instant application is allowed. The order dated 09.07.2024 passed by Chief Judicial Magistrate, Ambedkar Nagar is hereby set-aside. Let the premises/building of Aman Nursing Home, situated at Kasba Mubarakpur Tanda, Ambedkar Nagar of the applicant be be released/unsealed forthwith by the officer concerned. Order Date :- 21.1.2025 Jyoti/- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

It is also stated that the present case is fully covered by the order dated 11.01.2021 passed by this Court in APPLICATION U/S 482 No. 4 of 2021 (Chandra Prakash Chaudhary vs. State of U.P. and another). The relevant portion of the order dated 11.01.2021, referred, is extracted hereunder:- "The present application has been filed challenging the order dated 19.11.2020 passed by the 3rd Additional Sessions Judge, Basti in Criminal Revision No. 90 of 2020 (Chandra Prakash Chaudhary Vs. State of U.P. and Another) as well as the order dated 19.9.2020 passed by the Chief Judicial Magistrate, Basti in Misc. Case No. 494/12/2020, Case No. 1294 of 2020 (State Vs. Chandra Prakash Chaudhary) arising out of Case Crime No. 279 of 2019, under Sections 419, 420 IPC and Section 15(3) of the Indian Medical Council Act, P.S. Lalganj, District Basti. The brief contention of the counsel for the applicant is that the applicant has taken the premises on rent from one Raghav Ram and opened a Hospital on the said premises for providing medical facilities. It is stated that the Chief Medical Officer, Basti issued a medical establishment certificate to the applicant as owner on 20.9.2019. The said certificate was valid from 20.9.2019 to 30.4.2020 and the applicant was running a medical center in the name and style of Krishna Medical Center in the Village Jobhiyaon Chauraha, Post Udhraha, District Basti. It is argued that in the said center one Dr. Shailendra Kumar Yadav was working as full time doctor, one Ranchan Devi was working as part time A.N.M. and one Pooja was working as full time G.N.M. An F.I.R. came to be lodged against the applicant as Case Crime No. 279 of 2019, under Sections 419, 420 I.P.C. and Section 15(3) of the Indian Medical Council Act at Police Station Lalganj on 19.10.2019, wherein allegations were levelled that at the time of inspection it was found that the applicant, who does not even have a degree, was performing operations. The applicant denied the said allegations, however, the present application has been filed on the ground that not only an FIR was lodged, the entire hospital was seized and sealed in pursuance to an order dated 19th October, 2019 passed by the C.M.O., informing the S.H.O. that premises has been sealed in exercise of powers under Section 15(3) of the Indian Medical Council Act. The neat submission of the counsel for the applicant is that for the sake of arguments even if the averments made in the F.I.R. are treated to be correct, there is no power vested either with the S.H.O. or the C.M.O. to seal the premises, as has been done in purported exercise of powers under Section 15(3) of the Indian Medical Council Act. Section 15(3) of the Indian Medical Council Act is being quoted hereinbelow:- "15 (3) Any person who acts in contravention of any provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.]" A plain reading of the provisions of Section 15 (3) of the Indian Medical Council Act makes it clear that it provides for punishment to any person who contravenes any of the provisions of Sub Section (2) with an imprisonment for a term which may extend to one year or with fine which may extend to Rs. 1,000/- or with both. Contravention which can attracts punishment under section 15 (3) are contained in Section 15(2). A perusal of the said Section does not in any way empower the authorities to seal or seize the property, as has been done in the present case. Learned A.G.A. was granted time to ascertain the source or power under which the sealing and the seizure activity has been carried out. He fairly states that no such power has been found either under the Cr.P.C. or under the provisions of the Indian Medical Council Act. As the parties agree that no such specific powers exist, the act of sealing and seizure of the hospital is in clear violation of rights enshrined in the applicant under Article 300-A of the Constitution of India. The applicant had rightly approached the Court concerned for lifting the sealing order, which was rejected and the Revisional Court also rejected the revision. The authorities have sealed the hospital and a seizure order has been passed without there being any authority of law, thus I have no hesitation in holding that the order sealing the premises is clearly bad in law. It is well settled that if any action of the State has expropriatory effect, the same should be specifically authorised by a valid law. Admittedly, there is no such law authorising the State to seal the premises as has been done in the present case. Once source of power cannot be traced, the Courts below ought to have release the seizure of the premises and the revisional court has committed manifest error of law in dismissing the revision. Accordingly, the application is allowed. The order dated 19.11.2020 passed by the 3rd Additional Sessions Judge, Basti in Criminal Revision No. 90 of 2020 (Chandra Prakash Chaudhary Vs. State of U.P. and Another) as well as the order dated 19.9.2020 passed by the Chief Judicial Magistrate, Basti in Misc. Case No. 494/12/2020, Case No. 1294 of 2020 (State Vs. Chandra Prakash Chaudhary) are quashed. Directions are issued for forthwith de-sealing of the premises namely, Krishna Medical Center situated at Village Jibhiyao, Post Kudraha, District Basti." The aforesaid could not be disputed. Accordingly, this Court finds that the present application is liable to be allowed in the light of the observations made by this Court in the order dated 11.01.2021. In view of above, the instant application is allowed. The order dated 09.07.2024 passed by Chief Judicial Magistrate, Ambedkar Nagar is hereby set-aside. Let the premises/building of Aman Nursing Home, situated at Kasba Mubarakpur Tanda, Ambedkar Nagar of the applicant be be released/unsealed forthwith by the officer concerned. Order Date :- 21.1.2025 Jyoti/- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench