Telangana High Court
R Sandeep Yadav vs State Of Ts on 3 July, 2018
THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN
AND
THE HON'BLE Ms. JUSTICE J. UMA DEVI
Writ Petition (PIL) No.76 of 2018
Order: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan)
The relief sought for in this Writ Petition is to declare the
inaction of the official respondents, in not preventing illegal
foeticide/infanticide being resorted to by respondents 13 and 14 in the 12th respondent-hospital with the help of respondent No.11, as illegal, irresponsible and contrary to the Pre-Conception and Pre- Natal Diagnostic Techniques Act, 1994, and the Code of Medical Ethics Regulations, 2002 framed by the Medical Council of India. A consequential prayer is sought to respondents 1 to 10 to forthwith take stringent action against respondents 11 to 14 in accordance with law, and to ensure their prosecution, prevent recurrence of any activity pertaining to female foeticide/infanticide at the instance of respondents 11 to 14, and to quash FIR No. 59 of 2018 on the file of the Saidabad Police Station, Hyderabad, registered against the petitioner.
On notice being ordered, the official respondents initiated action, closed respondent No.12 hospital, and arrested respondents 11, 13 and 14. A report is filed today by the Commissioner of Police, Hyderabad stating that the Unit was closed, FIR No.121 of 2018 was registered, and a charge sheet has been filed before the VII Additional Chief Metropolitan Magistrate Court at Nampally, Hyderabad, against respondent Nos.11, 13, 14 and others, for offences under Section 5 (2), (3) and (4) of the Medical Termination of Pregnancy Act, 1971 and Sections 109 and 313 IPC.
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While Sri S.R. Sanku, learned counsel for the petitioner, would request this Court to monitor investigation, we see no reason to accede to such a request as the conduct of the Investigating Officer, and the efforts put in by her so far, show that she has acted diligently and has promptly prosecuted all the accused involved in the heinous offence. As a charge sheet has already been filed before the VII Additional Chief Metropolitan Magistrate, Hyderabad, we see no reason to keep the Writ Petition pending on the file of this Court. With regards the petitioner's request that the complaint, in FIR No. 59 of 2018, be quashed, suffice it to observe that this order shall not disable the petitioner from availing his legal remedies to have FIR No. 59 of 2018 quashed.
The Writ Petition is, accordingly, closed. Miscellaneous petitions pending, if any, shall also stand closed. No costs.
_________________________________ (RAMESH RANGANATHAN, ACJ) _________________ (J. UMA DEVI, J) 3rd July, 2018 pnb 3 THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Ms. JUSTICE J. UMA DEVI Writ Petition (PIL) No.76 of 2018 Date: 3.7.2018 pnb 4