Neutral Citation No. - 2025:AHC:123378 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 26254 of 2025 Applicant :- Ram Bhuwan Maurya Alias Ram Bhawan Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Tripathi,Vijaya Nand Maurya Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ashutosh Kumar Tripathi, learned counsel appearing on behalf of applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash the criminal proceedings pending against the applicant before learned Additional Chief Judicial Magistrate, District Mau with Criminal Case no. 284 of 2018 arising out of Case Crime no. 0107 of 2012, under sections 419, 420, 468 & 471 IPC and 15(3) of Indian Medical Council Act, PS- Dohari Ghat, District Mau. 3. While challenging the entire proceeding initiated in pursuance to Criminal Case no. 284 of 2018 arising out of Case Crime no. 107 of 2012 in pursuance to sections 419, 420, 468, 471 of IPC and 15(3) Indian Medical Council Act registered at PS- Dohari Ghat, District Mau and pending before learned court of Chief Judicial Magistrate, Mau, it is submitted that the only evidence which was available for implication of the applicant in respect of the above mentioned case was the photography which has been made at the time of surprise raid conducted at the behest of opposite party no. 2 and the board which was available at the site was having name of New National Pathology and the name of the doctor was Dr. A.N.Tripathi who was conducting the same, whereas the applicant was one of the staff available in the said pathology center and he was having no role to play and to violate the norms of conduction of pathology center and as such the proceedings in which the applicant has been implicated is a case of misuse of process of law by way of dragging the applicant into unwarranted criminal litigation and the same deserves to be set aside by this Court. 4. Per contra, learned AGA vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the applicant. While substantiating his arguments, learned AGA sought the attention of the Court over the statement recorded on dated 19.08.2012 by one of the witnesses, through which it is crystal clearly proved that none of the documents have ever been produced by the applicant, moreover the name of the applicant was available over the board which was fixed outside of the pathology center along with name of Dr. A.N.Tripathi and as such the applicant has been implicated in pursuance to sections 419, 420, 468, 471 of IPC and 15(3) of Indian Medical Council Act. 5. After considering the arguments raised by learned counsel for the parties, it is also taken into consideration that the bail has already been extended in favour of the applicant and the matter is pending before learned court of Chief Judicial Magistrate, Mau. It is also informed by learned counsel for the applicant that for livelihood applicant is rendering his services before some private company at Ghazipur and charge-sheet has already been submitted on dated 28.01.2018 that too after 5 years from the date of lodging of FIR, whereupon cognizance of offence has been taken up by learned Chief Judicial Magistrate but till today, charges have not been framed. 6. Subject matter which has already been instituted in shape of Case Crime no. 0107 of 2012 relates to violation of the settled condition and norms as defined under Indian Medical Council Act and the same relates to the medical examination in shape of pathology test of the individuals who are in way to seek some medical assistance which will be dependent upon pathology test and as such as per the Special Act, certain guidelines and the principles have been framed by the legislation for taking care of society at large that too who are in way to seek medical assistance. At this stage, interference in the trial will directly come under the ambit of mini-trial which has been discarded by Hon'ble Apex Court in catena of judgments but at the same time, considering the longevity of the prosecution which is apparent on face of record that after institution of criminal case crime no. 0107 of 2012, charge-sheet has been preferred after the gap of 5 years wherein the substantial evidence were already available at the time of institution of FIR itself in shape of photographs, considering the difficulty to attend the court proceedings on the basis of routinal manner wherein date has been fixed by learned court concerned, once in a month or sometime once in two months and the applicant has to travel from Ghazipur to Mau only for seeking dates for another date and the charges have not been framed till today, the personal liberty has already been restored by way of extension of bail in favour of the applicant, in these circumstances, applicant is hereby extended liberty to cooperate with learned trial court and ensuring his presence through counsel. 7. The application u/s 528 BNSS stands disposed of accordingly. It is also made clear that applicant will also be at liberty to avail all the other remedies available at law. Order Date :- 24.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad