Document Fragment View

Matching Fragments

2. Inspection was again conducted by the third respondent in her capacity as the appropriate authority under the PC & PNDT Act. She noticed violations under sections 23(1) and 25 of the Act. Following are the important violations alleged in the occurrence report filed before the Magistrate court.

(i). The Hospital has conducted scanning, including on pregnant women, without registration under the PC & PNDT Act.

(ii). Petitioners conducted Echo-Cardiogram without registration under the PC & PNDT Act.

(iii). Hospital was not retaining the images of scanning conducted on pregnant women.

3. Occurrence report dated 17/8/2017 is produced along with Crl.M.C. as Annexure A1. Annexure A2 is the complaint MP No. 5128/2017 filed before the Judicial First Class Magistrate, Chavakkad alleging offences punishable under sections 23 (1), 23 (3) read with sections 4 (3) and 25 of the PC & PNDT Act.

4. Petitioners challenge the above criminal proceedings on the ground that the above proceedings are not legally sustainable and in the light of the application submitted by them for renewal well in advance, before its expiry, they had deemed licence and hence hospital was justified in conducting the tests and proceeding with the running of the hospital.