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Showing contexts for: pndt section 25 in Dr. Nk Mohanty vs . Dp Dwivedi on 27 January, 2014Matching Fragments
CA No.156/13 -:3/12 27.01.2014 Dr. NK Mohanty Vs. DP Dwivedi
5. Feeling aggrieved from order dt. 20.09.2013 of framing notice , the present petition is preferred by the petitioner.
6. It is contended that the order dt. 20.9.2013 passed by the ld. trial court is contrary to the provisions of law and ld. trial court has wrongly framed notice for the said offences which are not specifically made punishable under the PNDT act and, thus, the residuary section 25 could only be attracted in the present case. It is further contended that the language of section 23 and 25 of PNDT Act, excludes each other, therefore, both Sections cannot be applied together and in view of the facts of the case, only section 25 of the PNDT Act is attracted.
CA No.156/13 -:8/12 27.01.2014 Dr. NK Mohanty Vs. DP Dwivedi
15. From the above discussion, it may be observed here that the impugned order passed by the ld. trial treating the present trial case as summon case is illegal as offences u/s 23 & 25 of PNDT Act provides imprisonment up to three years as such, the disobedience to an express provision as to a mode of trial could not be regarded as a mere irregularity curable u/s 464,465 Cr.P.C
16. So far as the next contention of the ld. counsel for the petitioner is concerned that no charge can be framed u/s 23 and Section 25 of the PNDT Act simultaneously as the one offence exclude the other is devoid of merits in as much as charge can be framed in alternative and I would like to produce u/s 23 and 25 PNDT Act which provides as under:
17. Section 23 - Offences and penalties (1) Any medical geneticist, gynaecologist, registered medical practitioner or any person who owns a Genetic Counseling Centre, a Genetic Laboratory or a Genetic Clinic or is employed in such a Centre, Laboratory or Clinic and renders his professional or technical services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who contravenes any of the provisions of CA No.156/13 -:9/12 27.01.2014 Dr. NK Mohanty Vs. DP Dwivedi this Act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which may extend to five years and with fine which may extend to fifty thousand rupees.
21. From the above discussion, I am of the opinion that the impugned order whereby offences u/s 23 & 25 PNDT Act are held to be triable as summon case is illegal and deserves to be set aside . The same is hereby set aside. The ld. trial court is directed to proceed further with the trial as a warrant case trial. This petition is disposed of accordingly.
22. Needless to say that nothing stated herein shall tantamount to an expression of my opinion on the merits of the case.