Neutral Citation No. - 2025:AHC:111489 Court No. - 77 Case :- APPLICATION U/S 482 No. - 32021 of 2024 Applicant :- Shyam Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Divyanshu Nandan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit preferred on behalf of applicant after serving copy of the same upon learned A.G.A. is taken on record. 2. In compliance of earlier order dated 03.03.2025 passed by co- ordinate Bench of this Court, instructions have been received through learned A.G.A., which is also taken on record. 3. Heard learned counsel for applicant, learned A.G.A. for State and perused the record. 4. The instant application has been preferred for quashing the entire proceedings of Case No.8242 of 2022 (State vs. Shyam Chauhan) arising out of Case Crime No.19 of 2022, under section 15(3) of Indian Medical Council Act, 1956, P.S. Paniyara, District- Maharajganj, pending in the court of learned Chief Judicial Magistrate, Maharajganj including the charge-sheet dated 22.04.2022 as well as cognizance order dated 02.07.2023. 5. At the very outset, learned counsel for applicant submitted that the implication of applicant in Case Crime No.19 of 2022 has been made in pursuance to section 15(3) of Indian Medical Council Act, 1956, whereas the sections of Indian Medical Council Act, 1956 has already been repealed way back in the year 2019 itself and substituted with the National Medical Commission Act, 2019 and as such preferring charge-sheet and taking cognizance of offence in respect thereof is not at all maintainable in the eye of law. 4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but the instructions so received through learned A.G.A. is in consonance to the arguments raised by learned counsel for applicant that the specific act, i.e., Indian Medical Council Act, 1956 was not in existence and the same was repealed before the date of institution of Case Crime No.19 of 2022. 5. In view of aforementioned facts and circumstances, proceedings in shape of Case No.8242 of 2022 (State vs. Shyam Chauhan) arising out of Case Crime No.19 of 2022, under section 15(3) of Indian Medical Council Act, 1956, P.S. Paniyara, District- Maharajganj, pending in the court of learned Chief Judicial Magistrate, Maharajganj including the charge-sheet dated 22.04.2022 as well as cognizance order dated 02.07.2023 are hereby quashed and set-aside. 6. However, it is made clear that in respect of any crime, if committed and found, the proceeding may be initiated as fresh in relevant section of the exceeding act, if required. 7. The instant application stands allowed accordingly. Order Date :- 10.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad