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2025 DAILYLAW 137304 (ALL)

DR. SHAKTI BALA SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF CIVIL LKO. AND ANOTHER

NA528/382/2025 · 2025-05-07

Manish Kumar

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26584 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 382 of 2025 Applicant :- Dr. Shakti Bala Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Civil Lko. And Another Counsel for Applicant :- Sudeep Kumar,Pravin Kumar Singh,Sachin Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. Sri Sanjeev Kumar Mishra, Advocate has filed vakalatnama on behalf of the respondent no 2, which is taken on record. Supplementary affidavit filed on behalf of the applicants is also taken on record. Heard Sri Sudeep Kumar, learned counsel for the applicants, Sri Rao Narendra Singh, learned A.G.A. for the State and perused the record. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been preferred with the following prayer:- "For the facts reasons and circumstances mentioned in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceeding of Criminal Case No. 3915 of 2025 'State vs. Dr. Vinay Singh and another' under Section 318(4), 336(2), 61(2), 106, 336 (3) Bharatiya Nyay Sahinta, 2023 (hereinafter referred to as B.N.S.) and section 34 of The National Medical Commission Act, 2019 pending before the court of Learned Chief Judicial Magistrate, Pratpgarh arising out of FIR No.647 of 2024 under section 318 (4), 336 (2), 61 (2) of B.N.S., 2023 and section 34 of The National Medical Commission Act, 2019, Police Station Kotwali City, District Pratapgarh, in the interest of justice. The applicants further prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge sheet dated 07.03.2025 filed under section 318 (4), 336 (2), 61 (2), 106, 336 (3) B.N.S. and section 34 of The National Medical Commission Act, 2019 as well as cognizance order dated 19.03.2025 passed by the Learned Chief Judicial Magistrate, Pratapgarh, in the interest of justice." After arguing the matter at some length, Sri Sudeep Kumar, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be directed to be decided in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC Online SC 116, and also to prefer a discharge application before the court below and the same may also be directed to be decided expeditiously. Learned A.G.A has no objection to the prayer made by learned counsel for the applicants. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the court concerned, prayer for bail shall be considered and decided expeditiously in accordance with law. Liberty is also granted to the applicants to move discharge application before the court below, if charges have not already been framed, and the same shall be decided expeditiously, in accordance with law, if there is no any other legal impediment. Taking note of the facts of the case and also the observations made by the Hon'ble Apex Court in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicant in the aforesaid case. Order Date :- 7.5.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench