Neutral Citation No. - 2025:AHC:140782 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 29995 of 2025 Applicant :- Mojjam Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Arvind Kumar Singh, learned counsel appearing on behalf of applicant and learned AGA for State. 2. Present application has been preferred with prayer to quash entire criminal proceeding of Case no. 2190 of 2025 (State vs. Mojjam) arising out of Case Crime no. 489 of 2024 under section 34 of National Medical Council Act, 2019 and 318(4) of BNS, PS- Tanda, District Rampur as well as charge sheet dated 13.10.2024 along with cognizance/summoning order dated 04.03.2025, pending in court of Chief Judicial Magistrate, Rampur. 3. Through instant application, charge sheet, cognizance order along with entire proceeding initiated in pursuance to Case Crime no. 489 of 2024 has been put under challenge precisely on the ground that the entire incidence whatsoever has been indicated through the FIR is broadly based upon attraction of Section 34 of National Medical Commission Act, 2019 and as such section 318(4) of BNS has also been fastened upon the applicant while preferring charge sheet whereupon cognizance of offence has been taken up by learned court of Chief Judicial Magistrate, Rampur on dated 04.03.2025. 4. Learned counsel for the applicant submitted that no court shall take cognizance unless a complaint preferred by the competent authority as mentioned under Section 54 of National Medical Commission Act, 2019 and once the genesis of the matter originated from the offence under National Medical Commission Act, 2019, section 318(4) of BNS is also amenable through complaint itself. 5. Per contra, learned AGA submitted that as per the records, it is apparent that a fake hospital is being operated by applicant and on the specific date of inspection no valid document has been produced by him which would show that who authorized applicant to run hospital. 6. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that the procedure available under Section 54 of National Medical Commission Act, 2019 is strictly applicable, if any sections of National Medical Commission Act, 2019 has been attracted for prosecuting the applicant but in the instant matter FIR has been lodged whereupon inquiry has been conducted by concerned Investigating Officer which culminated into preferring charge sheet whereupon cognizance of offence has been taken up by learned court concerned which is directly controverting the mandate of the procedure as defined under Section 54 of National Medical Commission Act, 2019. 7. In view of aforementioned facts and circumstances, entire proceeding of Case no. 2190 of 2025 arising out of Case Crime no. 489 of 2024 under section 34 of National Medical Commission Act, 2019 and 318(4) of BNS, PS- Tanda, District Rampur is hereby set aside only in respect of applicant herein. However, it is made clear that in any case, if required, competent authority may adopt procedure available under Section 54 of National Medical Commission Act, 2019 against the applicant. 8. The application u/s 528 BNSS stands allowed accordingly. Order Date :- 18.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad