HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9096 of 2024 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application is filed with the prayer to release the accommodation in favour of the applicant sealed on 1.4.2023 by the oral order of District Magistrate, Ambedkar Nagar through a team headed by Chief Medical Officer, Ambedkar Nagar arising out of Case Crime No.94 of 2023 under Sections 420 I.P.C. and Section 15 of Indian Medical Council Act, 1956. 3. Learned counsel for the applicant submits that house in question is owned by the applicant and on the request of Yashwant Yadav premises was given to him on rent for running a medical store and applicant was not aware about his degree. He also submits that F.I.R. of the case in question was lodged with the allegation that Dr. Yashwant Yadav is running Atharv Polyclinic and Child Care Center illegally, he is not a qualified doctor and on the basis of F.I.R. of the case in question, premises of the applicant was seized and charge sheet was filed. He further submits that despite repeated request premises of the applicant has not been opened by the authorities, thereafter, release application was filed before the A.C.J.M., Ambedkar Nagar, which was rejected vide order dated 4.1.2024 with Versus Counsel for Applicant(s) : Sharad Nandan Ojha, Adesh Kumar Yadav, Akhand Pratap Singh Counsel for Opposite Party(s) : G.A. Rajendra Prasad .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Lko. And Another .....Opposite Party(s) the observation that in case premises in question of the applicant is released then evidences can be impacted. Learned counsel for the applicant relies on the decision of this Court in the case of Chandra Prakash Chaudhary Vs. State of U.P. & Anr. passed in Application U/S 482 No.4 of 2021 and submits that Section 15(3) of 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. He further submits that in the present case, charge sheet has been filed against Yashwant Yadav and the premises of the applicant is in the custody of the authorities which has no concern, therefore, order dated 4.1.2024 passed by the learned Magistrate liable to be set aside and authorities may be directed to release the premises in question in favour of the applicant. 4. Learned A.G.A. opposes the prayer of the applicant and submits that Yashwant Yadav was running a hospital illegally in the premises of the applicant and an incident was taken place during the course of treatment by the said doctor, Yashwant Yadav, then inquiry was conducted and premises of the applicant was seized, therefore, there is no illegality in the order passed by the court below. 5. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, it is undisputed fact that accommodation in question was rented to one Yashwant Yadav, who was running a hospital in the premises, thereafter, an F.I.R. was lodged against him, as a result, premises of the applicant was seized during the course of investigation. It is also undisputed that investigation has already been concluded and charge sheet is submitted against Yashwant Yadav for the offence under Section 420 I.P.C. and Section 15 of Indian Medical Council Act. In the identical matter, in the case of Chandra Prakash Chaudhary Vs. State of U.P. & Anr. passed in Application U/S 482 No.4 of 2021, this Court considered section 15 of the Indian Medical Council Act and observed that the action of the A482 No. 9096 of 2024 2 authorities is in clear violation of rights enshrined in the application under Article 300-A of the Constitution of India, therefore, this Court is of the view that application of the applicant for release was wrongly rejected. 6. In view of the above, the present application is allowed and impugned proceeding is hereby set aside. 7. The District Magistrate, Ambedkar Nagar is directed to hand over the premises in question to the applicant, forthwith. December 11, 2025 GauraV/- A482 No. 9096 of 2024 3 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench