DR MOHIT KUMAR ALIAS MOHIT KUMAR v. STATE OF U.P. AND ANOTHER
NA528/21741/2025 · 2025-07-23
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65565 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65565 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:121869 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21741 of 2025 Applicant :- Dr Mohit Kumar Alias Mohit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar,Ashutosh Gupta,Mohd. Faizan Ali,Vandana Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. This application under section 528 BNSS has been preferred for quashing the entire proceedings of Case No.55/50/2024 (State vs. Dr. Mohit Kumar and Others) arising out of Case Crime No.124 of 2024, under sections 419, 420 I.P.C. and sections 15(2), 15(3) of Indian Medical Council Act, 1956, P.S. Loni, District- Ghaziabad, pending in the court of learned Chief Judicial Magistrate, Ghaziabad including charge-sheet dated 04.04.2024 and cognizance/summoning order dated 14.08.2024.
3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merit and confined his prayer only to the extent that the present applicant may be extended some time to appear before learned court concerned and avail whatever remedy is available at law for him, over which
learned counsel for opposite parties have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant appears before learned court concerned within a period of three weeks from today and avail whatever remedy is available at law for him, the same shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein.
Order Date :- 24.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad