HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35865 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with the prayer to quash entire proceeding of Case no. 4326 of 2020 (State vs. Smt. Kusum Rastogi) arising out of Case Crime no. 275 of 2020 under section 420 IPC and 15(2), 15(3) Indian Medical Council Act, PS- Bilaspur, District Rampur as well as charge sheet dated 16.9.2020 and cognizance order dated 14.12.2020 passed by learned Chief Judicial Magistrate, Rampur. 3. At the very outset, learned counsel for applicant contended that in pursuance to FIR registered against the applicant under Section 420 IPC and 15(2), 15(3) Indian Medical Council Act, learned court concerned took cognizance and summoned the applicant vide impugned order dated 14.12.2020 but from perusal of the same order, it transpires that the concerned court took cognizance on printed proforma which is not in compliance of Section 190 Cr.P.C and therefore the same is liable to be quashed. It is also submitted that Indian Medical Council Act, 1956 has already been repealed on 25.9.2020 and replaced by National Medical Commission Act, 2019 in spite of that, learned court concerned took cognizance of offence under the repealed Act on dated 14.12.2020 and once any specific Act has been repealed, the process for continuing the prosecution against the applicant become redundant. 4. Per contra, learned AGA has vehemently opposed the prayer as made in the application but did not dispute the legal grounds as raised by learned Versus Counsel for Applicant(s) : Javed Alam, Mohd. Azam Counsel for Opposite Party(s) : G.A. Kusum Rastogi .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) counsel for the applicant. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the entire record along with cognizance/summoning order dated 14.12.2020, this Court finds that the impugned order dated 14.12.2020 has been passed by learned Chief Judicial Magistrate, Rampur without application of judicial mind and without complying mandatory provisions of Sections 190 Cr.P.C. Impugned order dated 14.12.2020 is purely on typed proforma which is not admissible in the eye of law. Moreover, the legal arguments which have been raised by learned counsel for applicant, seems to be justified since Indian Medical Council Act, 1956 wherein cognizance of offence has been taken, has already been repealed on 25.9.2020 and replaced by National Medical Commission Act, 2019. To elaborate further Section 60 of National Medical Commission Act, 2019 is reproduced herein below: "Section 60 - (1) With effect from such date as the Central Government may appoint in this behalf, the Indian Medical Council Act, 1956 (102 of 1956) shall stand repealed and the Medical Council of India constituted under sub-section (1) of section 3 of the said Act shall stand dissolved." 6. It is abundantly clear from the foregoing provision that, any action or cognizance taken under the repealed Act of 1956 is indeed void. Insofar as attraction of section 420 IPC is concerned, the same has been fastened upon the applicant in connection with the offence of said Special Act. 7. In view of aforesaid discussion, impugned cognizance/summoning order dated 14.12.2020 passed by learned Chief Judicial Magistrate, Rampur is hereby quashed. Matter is remitted back to learned Chief Judicial Magistrate, Rampur for passing fresh cognizance order, if required, in strict consonance of procedure available at law. 8. The instant application stands allowed, accordingly. September 24, 2025 Shaswat NA528 No. 35865 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad