Neutral Citation No. - 2025:AHC:25915 Court No. - 76 Case :- APPLICATION U/S 482 No. - 25050 of 2024 Applicant :- Chhatrapal & Anr. Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Tewari Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard Shri Sushil Kumar Tewari, learned counsel for the applicants, learned A.G.A. for the State, and perused the entire record. 2. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the impugned charge sheet no.46 of 2023 dated 27.02.2023, cognizance order dated 08.11.2023 as well as entire proceedings Case No.5562 of 2023, arising out of Case Crime No.32 of 2023, under Section 15(2) and 15(3) of Indian Medical Council Act, P.S. Kalia Devi, District Sambhal, pending in the Court of learned Chief Judicial Magistrate, Sambhal at Chandausi. 3. Learned counsel for the applicants submits that applicant no.2 is a registered Nurse/Midwife, and has been duly registered with U.P. Nurses and Midwives Council Lucknow (Established under U.P. Act XV of 1934), i.e. the United Provinces Nurses Midwives, Auxilliary Nurse/Midwives and Health Visitors Registration Act, 1934. The applicants have been falsely implicated in the present case. There is delay of two days in registration of FIR which has not been explained by the prosecution. Learned counsel further relied upon CD-3 and CD-4 dated 16.04.2023, and 10.05.2023, respectively, wherein the Investigating Officer has recorded the finding that no evidence of any hospital or Jachcha Bachcha clinic was found at the time of the investigation. Neither any place has been found where the patient could be admitted. Based on such investigation, the Final Report was forwarded to the Circle Officer and on objection of Circle Officer, a supplementary statement was recorded on 15.02.2023, 17.02.2023, 16.04.2023, and 10.05.2023. The applicant's name surfaced during investigation by the police. He next submits that no recovery has been made. The charge-sheet has been prepared based on the complainant's statement. Learned Magistrate without application of judicial mind has mechanically issued impugned summoning order. 4. Per contra, learned A.G.A. submits that applicant no.1 and 2 are husband and wife and found to have run a clinic without valid certificates and authorization. Even though, no evidence has come in the charge sheet but in supplementary charge sheet applicant's name has been surfaced. Therefore, the ingredients of Section 15(2) and 15(3) of Indian Medical Council Act are attracted. 5. I have considered the submissions made by the learned counsel for the parties, and have gone through the entire record. 6. In State of Haryana and others Vs. Ch. Bhajan Lal and others, 1992 SCC(Cr.) 426, the Hon'ble Supreme Court had closely analyzed the inherent powers contained in Section 482 Cr.P.C. and laid down guidelines for exercise of such power, and held that where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused besides other parameters for quashing of FIR. 7. In the present case, it is an admitted fact that the applicant no.2 is a Nurse/Midwife and having diploma from Auxilliary Nurse and Midwives/H.W. (Female), issued from the State Medical Faculty Government of Uttar Pradesh. It is also admitted that no evidence with respect to functioning of hospital has surfaced during investigation and even in further investigation. There is no independent witness or aggrieved person to substantiate the allegation made in the FIR. Therefore, the continuance of criminal proceedings qua applicants are in teeth of Bhajan Lal and others (supra). 8. In such circumstances, the entire proceedings of charge sheet no.46 of 2023 dated 27.02.2023, cognizance order dated 08.11.2023 Case No.5562 of 2023, arising out of Case Crime No.32 of 2023, under Section 15(2) and 15(3) of Indian Medical Council Act, P.S. Kalia Devi, District Sambhal, pending in the Court of learned Chief Judicial Magistrate, Sambhal at Chandausi, are hereby quashed. 9. The instant petition stands allowed, accordingly. Order Date :- 24.2.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad