Punjab-Haryana High Court
Deshraj Puri And Another vs State Of Punjab on 22 September, 2009
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
Crl. Misc. No.18251 of 2009 and -1-
CRM-M-9963 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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Crl. Misc. No.18251 of 2009 and
CRM-M-9963 of 2009
DATE OF DECISION: 22.09.2009
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Deshraj Puri and another . . . . Petitioners
VS.
State of Punjab . . . . Respondent
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CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.T.S. Sangha, Sr. Advocate for
Mr.J.S. Lalli, Advocate for the petitioners.
Mr.K.D. Sachdeva, Addl. A.G. Punjab
for the respondent/State.
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RAKESH KUMAR JAIN J.(ORAL)
Crl. Misc. No.18251 of 2009 Allowed as prayed for.
CRM-M-9963 of 2009 Learned counsel for the petitioners submits that pursuant to the order dated 16.4.2009, petitioners have joined the investigation.
Learned counsel for the State/respondent, on instructions received from ASI Jagpal Singh, admits the fact as stated by the counsel for the petitioner.
Learned counsel for the petitioner submits that offence under Section 24 of the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 is not made out Crl. Misc. No.18251 of 2009 and -2- CRM-M-9963 of 2009 as Smt. Surjit Kaur was never subjected to pre-natal diagnose for her alleged conception. He further submits that insofar as offences Under Section 420, 465, 467 & 470 IPC are concerned, the respondent/State has also verified from the photostat certificates given by the petitioners that they are qualified doctors. He further submits that in any case Section 312 IPC is bailable.
After hearing learned counsel for the parties, order dated 16.4.2009 is hereby made absolute.
It is directed that the petitioner shall join the investigation as and when required and shall abide by the conditions as envisaged by Section 438(2) Cr.P.C.
Petition is disposed of.
It is, however, made clear that nothing observed herein shall be envisaged as an expression of opinion on the merits of the case (RAKESH KUMAR JAIN) SEPTEMBER 22, 2009 JUDGE vivek