Indian Kanoon - Search engine for Indian Law

(26/06/2020) The petitioner has filed this present petition under Section 482 of Cr.P.C. for quashment of proceedings initiated against him under Sections 23 and 25 of Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994 bearing Complaint No.381/PNDT/2019 in Case No.8646/2019.

2. That, as per prosecution case, on the directions of the Additional District Magistrate, a surprise inspection was conducted on 30/09/2019 at Flat No,.405, Palitana Apartment, Silicon City, Rau, District - Indore. During inspection, it was allegedly found that the present petitioner was conducting Sonography on a pregnant woman. It was alleged that the (M.Cr.C. No.3154/2020) Sonography Machine is not registered in the Indore District and that the petitioner herein is also not licensed to conduct Sonography tests upon subjects. Thereafter, upon completion of investigation, a criminal complaint no.381/PNDT/2019 was filed under Sections 23 and 25 of 'PNDT ACT'. Subsequently, the learned trial Court took cognizance of the present matter in R.C.T. No.8646/2019 pending before the Chief Judicial magistrate, District - Indore.

10. So far as search and seizure is concerned, learned counsel for the petitioner relied on Section 30(1) and Rule 12 of the Pre Conception and Pre Natal Diagnostics Techniques (Prohibition of Sex Selection) Act, 1994 Rules 1996, only Appropriate Authority or the officer so authorized by such Appropriate Authority shall have the right to investigate and carry search and seizure and the same must be done in presence of two or more independent expertise persons.

11. In the present case, the Committee so constituted by the Additional District Magistrate, Indore was not competent to conduct the investigation search and seizure on 30/09/2019. In view of the provisions of Section 30 of the 'PC & PNDT ACT' and the Rules, the said power vests upon the Appropriate (M.Cr.C. No.3154/2020) Authority or the officer so authorized. Hence, the proceedings stand vitiated. In the light of the aforesaid, leaned counsel for the petitioner submits that the application deserves to be allowed and the criminal proceedings under Sections 482 of Cr.P.C. initiated against the petitioner under Sections 23 and 25 of the "PC & PNDT ACT' as well as further proceedings which are pending before the C.J.M., Indore in Criminal Case No.381/PNDT/2019 be also quashed.

(a) of the PC and PNDT Act, therefore, the order taking cognizance passed by trial Court is not in accordance to law.

25. In view of the foregoing discussion, this petition under Section 482 of the Cr.P.C. is hereby allowed. The criminal proceedings under Sections 482 of Cr.P.C. initiated against the petitioner under Sections 23 and 25 of the "PC & PNDT ACT' as well as further proceedings which are pending before the C.J.M., Indore in Criminal Case No.381/PNDT/2019 are, hereby, quashed. However, it is open to the appropriate authority to take action as permissible under the law. In the facts parties to bear their own costs.