Madhya Pradesh High Court
Dr. Das Motwani vs The State Of Madhya Pradesh on 22 June, 2016
M.Cr.C. No.10264/2016
22.6.2016
Mr. Anurag Gohil, learned counsel for the
petitioner.
A complaint has been filed against the petitioner
herein, under the relevant provisions of the Pre-
conception and Pre-natal Diagonstic Techniques
(Prohibition of Sex Selection Act & Rules), 1994.
According to the counsel for the petitioner the
complaint has been preferred before the Court of
Judicial Magistrate First Class, Bhopal by the authority
who is not an appropriate authority under the
aforesaid Act and, therefore, the cognizance taken
thereon, is bad in law. In order to prima facie satisfy
this Court, he has drawn my attention to Annexure-P/3
from page No.25 onwards, wherein in page No.26 the
appropriate authority under the Act & Rules has been
notified, to be the District Magistrate of the District
concerned, whereas the complaint has been filed by
the Chief Medical & Health Officer, Bhopal.
Under the circumstances, counsel for the
petitioner states that the cognizance, which has been
taken, is bad in law and deserves to be quashed.
On payment of P.F. within three days, issue notice
to the respondents by RAD as well as normal mode.
I.A. No.11613/16, is an application for stay. For the reasons stated therein, the interlocutory application is allowed and it is directed that the proceedings before the court of Judicial Magistrate First Class, Bhopal, shall remain stayed, till next date of hearing.
List immediately after service of notice. C.c. as per rules.
(Atul Sreedharan) Judge ac.