Dr. Mrinalini vs The State Of Bihar And Ors on 28 April, 2022

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Patna High Court - Orders

Dr. Mrinalini vs The State Of Bihar And Ors on 28 April, 2022

Bench: Madhuresh Prasad

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34667 of 2021
                    Arising Out of PS. Case No.-6 Year-2016 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                 ======================================================
                 Dr. Mrinalini ( female, aged about 40 years) W/o Dr. Hemant Kumar R/O

                 Urmila Maternity Hospital, in front of Bachpan Clinic, Dak Bungalow Road,

                 P.S.- Begusarai Town, District - Begusarai.


                                                                                 ... ... Petitioner
                                                        Versus
                 1. The State Of Bihar

                 2. Dr. Hari Narayan Singh, Civil Surgeon-cum-Chief Medical Officer-cum-

                 Appropriate Authority, Dist. Begusarai


                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Awadhesh Kumar, Adv.
                 For the Opposite Party/s :         Mr. Ram Chandra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
                                       ORAL ORDER

2   28-04-2022

This application, under Section 482 of the Code of Criminal Procedure, has been filed for quashing the order dated 28.08.2019 passed by the learned C.J.M, Begusarai in Complaint Case No. 06C2 of 2016 by which the learned Magistrate, after holding enquiry, has found prima facie case against the petitioner for the offences under Section 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 ( for short ' the PNDT Act') and issued summons.

Patna High Court CR. MISC. No.34667 of 2021(2) dt.28-04-2022 2/3 It is submitted by the petitioner's counsel that a prosecution has been launched by the Competent Authority under the PNDT Act. The complaint alleges violation of Rules framed under the Act in so far as the renewal of the petitioner's center has not been done within the time specified therein. Learned counsel for the petitioner submits that ingredients of the offence (Section 25 of the PNDT Act) are not made out from bare perusal of the complaint itself as the Competent Authority in paragraph No.8 of the complaint petition has specifically stated that no ultra sound was being performed after 3 rd December which is the last date of validity of the petitioner's earlier registration. The submission, therefore, is that ingredients of the offence are not made out.

Let notice be issued to Opposite Party No.2 through ordinary process as well as registered cover with A/D, for which, requisites etc. must be filed by 09-05-2022.

The matter be listed after service of notice or appearance of the parties or after four weeks i.e. on 20-06-2022, whichever is earlier.

Having considered the submissions advanced by the petitioner's counsel and on going through the allegations in paragraph 8 of the complaint, this court is of the opinion, that Patna High Court CR. MISC. No.34667 of 2021(2) dt.28-04-2022 3/3 till the next date further proceedings in connection with Complaint Case No. 6C2 of 2016, pending in the Court of Chief Judicial Magistrate, Begusarai shall remain stayed.

(Madhuresh Prasad, J) shyambihari/-

U      T

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Patna High Court - Orders