Karnataka High Court
Puttaraju M.N vs The District Appropriate Authority on 20 March, 2025
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2025:KHC:11736
CRL.P No. 7958 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 7958 OF 2023 (482(Cr.PC) /
528(BNSS))
BETWEEN:
1. PUTTARAJU M.N.
S/O NARAYANAPPA,
AGED ABOUT 42 YEARS,
R/AT NO.65/27-1,
MAGADI MAIN ROAD,
AIRTEL TOWER,
Digitally signed MANJUNATHANAGAR,
by LAKSHMI T TAVEREKERE,
BENGALURU-562 130.
Location: High
Court of
Karnataka 2. MOHANKUMAR V.
S/O VENKATARAMU,
AGED ABOUT 35 YEARS,
R/AT NO.82, 14TH MAIN,
KALIDASA LAYOUT,
SRINAGAR,
BENGALURU-560 050.
...PETITIONERS
(BY SRI. B. RAMESH, ADVOCATE)
AND:
THE DISTRICT APPROPRIATE
AUTHORITY (DAA)-P.C. AND
P.N.D.T.
DISTRICT HEALTH AND FAMILY
WELFARE OFFICE MANDYA,
REPRESENTED BY
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NC: 2025:KHC:11736
CRL.P No. 7958 of 2023
DISTRICT NODAL OFFICER
AND DISTRICT FAMILY
WELFARE OFFICER,
DR. SHASHIDHAR K.R.
...RESPONDENT
(BY SRI. RAJATH SUBRAMANYAM, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CODE OF CRIMINAL PROCEDURE PRAYING TO
TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.2095/2022
ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND J.M.F.C AT
MALAVALLI FOR TAKING COGNIZANCE AGAINST THE
PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER
SECTION 23(1), 23(2), 20(1), 20(2), 20(3) OF THE PRE-
CONCEPTION AND PRE-NATAL DIAGNOSTIC TECHNIQUES
(PROHIBITION OF SEX - SELECTION ACT) 1994 AGAINST THE
PETITIONERS/ACCUSED NO.5 AND 7 PURSUANT TO THE
COMPLAINT LODGED BY THE RESPONDENT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioners have called in question the proceedings initiated against them in C.C.No.2095/2022 on the file of the Court I Additional Civil Judge and JMFC at Malavalli, for -3- NC: 2025:KHC:11736 CRL.P No. 7958 of 2023 offences punishable under Section 23(1), 23(2), 20(1), 20(2) and 20(3) of the Pre-conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex-Selection Act) 1994 (for short 'Act').
2. In the private complaint filed by the District Appropriate Authority (DAA)-PC & PNDT, District Health and Family Welfare Office, Mandya represented by the District Nodal Officer and District Family Welfare Officer by name Dr.Shashidhar K.R, petitioners are arraigned as accused Nos.5 and 7 respectively.
3. The complainant has stated that it is the duty of the Appropriate Authority to implement the Act as per Section 17(4)(e) and take action against all bodies upon violation of the Act and also against the persons who have appointed/allowed a person to operate without a valid qualification as mentioned in the Act or involved in Sex Selection/determination of sex of the foetus and unauthorized communication of the same to anyone else, -4- NC: 2025:KHC:11736 CRL.P No. 7958 of 2023 as they amount to violation of Section 3(2), 3A, 4, 5, 6, 29, 30 r/w Section 8 of the Act.
4. It is alleged, there was an information received regarding determination of foetal sex being done illegally at one Malavalli Diagnostic Center, Malavalli Town, Mandya District, as such a decoy operation was conducted and found that sex determination was being done in the said Diagnostic Center. Further, such a test was done in respect of two pregnant women and a total of 9 scans were conducted etc. Upon investigation, as it was allegedly found that there was easy availability of sex determination tests and illegal abortion services, the complainant proceeded to file a complaint against 8 accused persons.
5. The learned counsel for petitioners contended that there is absolutely no material against the petitioners for having violated any of the provisions as alleged, except bald allegation that they are the agents who have referred or brought the pregnant women for selective sex -5- NC: 2025:KHC:11736 CRL.P No. 7958 of 2023 determination. His further contention is that only the appropriate authority or an authorized Officer can file a complaint and the complaint does not indicate that there was any notification issued under Section 17(2) of the Act.
6. The entire perusal of the complaint does not indicate any material against the petitioners, arraigned as accused Nos.5 and 7 except stating that accused Nos.5 to 8 are the agents (doctors and non-doctors) who referred/send/bring the pregnant women for the selective sex determination. Admittedly, when inspection was conducted, petitioners were not present at the spot. Petitioners are not the employees of the lab in question. The bald and vague allegation made in the complaint that they are the agents who have referred etc., the pregnant women for selective sex determination is not sufficient to continue the criminal proceedings initiated against them.
7. Accused Nos.3 and 4 preferred Crl.P No.5800/2023 and Crl.P No.1546/2023 before this Court for quashing of the proceedings. Both the petitions came -6- NC: 2025:KHC:11736 CRL.P No. 7958 of 2023 to be allowed and the proceedings against them are quashed by this Court, noting that there was no sufficient material against them to proceed with.
8. The second contention raised by the learned counsel for petitioners need not be gone into as this Court finds that there are no sufficient material against the petitioners to proceed against them. Therefore, I proceed to pass the following:
ORDER
(i) Petition is allowed.
(ii) The proceedings against the petitioners/accused Nos.5 and 7 in C.C.No.2095/2022 on the file of the I Additional Civil Judge and JMFC at Malavalli are quashed.
Sd/-
(MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 8 CT:ar