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2016 DIGILAW 230 (ALL)

Nagendra Kumar Singh v. State of U. P.

2016-01-18

RAJESH DAYAL KHARE

body2016
JUDGMENT Rajesh Dayal Khare, J. Heard learned counsel for the applicant and the learned A.G.A. 2. Present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case no. 2964 of 2015 under Sections 18/23/25 of P.C.& P.N.D.T Act, 1994, police station Lanka, District Varanasi. 3. It is contended by learned counsel for the applicant that the applicant is a reputed Doctor (Radiologist) at Varanasi city and has been practising for the last 35 years and is proprietor of Aashi Medical Centre Lanka, Varanasi. It is contended that as per law, the applicant had applied for registration certificate of his medical centre which was issued to him on 20.3.2009 for five years, copy of which has been filed as annexure-1 to the affidavit accompanying this application. It is next contended that thereafter after lapse of five years, the applicant applied for renewal for the same, which was barred by time, which renewal application was rejected, against which the applicant filed appeal before the State Appellate Authority, Lucknow being Appeal No. 45 of 2015 and the State Appellate Authority after condoning the delay has issued notice on the appeal filed by the applicant as has been stated in supplementary affidavit dated 17.1.2016, which has been filed today in Court and is being taken on record. It is thus, contended that against the rejection of the renewal application of the applicant, the appeal is pending before the appellate authority. 4. In view of the submissions made by the learned counsel for the applicant and after perusing the material on record as well as after hearing the learned A.G.A., present application is finally disposed of with a direction to the opposite party No. 2 to consider and decide the appeal NO. 45 of 2015, most expeditiously, strictly in accordance with law, preferably within a period of six months from the date of production of a certified copy of this order. 5. Learned counsel for the applicant undertakes that the applicant shall file appropriate application alongwith certified copy of this order before the opposite party No. 2 within fifteen days from today. 6. For a period of seven months or till the disposal of the pending appeal of the applicant, whichever is earlier, coercive action against the applicant shall be kept in abeyance. With the aforesaid directions, this application is finally disposed of.