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Showing contexts for: pndt section 25 in Dr. Brij Pal Singh vs State Of U.P. And Another on 30 September, 2024Matching Fragments
5. On such information, Tehsildar along with his team came near the gate of the hospital and waited for the return of the decoy customer, Preeti who came from the hospital after sometime and informed that sex identification of the foetus in her womb has been done by the doctor and the doctor has told her that the foetus is a girl child. She further stated that the doctor has not entered her name or address in any of the register nor any receipt was given and she informed that two persons standing outside the hospital are the agents of the said doctor. On such information, the police team came along with the Tehsildar, arrested the aforesaid two persons and both of them were searched and one of them disclosed his name as Jitendra @ Satyaprakash @ Kallan S/o Sobhraj Sharma resident of House No. 26, Brahmlok Colony, P.S. Kotwali Nagar, District-Bulandshahar and on search Rs. 2,000/- note, which was given to the decoy customer was recovered from right side pocket of his pant. The other person disclosed his name as Sanjeev S/o Rajendra Pal resident of Village Chandpur, P.S. Kotwali Nagar, District-Bulandshahar and on search Rs. 2,000/- note was recovered from right side pocket of his jeans. On enquiry from both of them, they told that the lady, who came for sex identification of the foetus has given Rs. 9,000/- out of which they have received Rs. 2,000/- each as commission from the doctor and Rs. 5,000/- is kept by the doctor himself. Taking immediate action along with the police team and the two accused persons, they went to the ultrasound room and the person, who was present there was interrogated and he disclosed his name to be Dr. Brij Pal Singh S/o Late Sobha Ram resident of Sobha Ram Hospital Bhund, P.S.-Kotwali Nagar, District-Bulandshahar and on search Rs. 5,000/- was found on the back pocket of his pant. The notes which were recovered were the same, which were given to the decoy customer Preeti by the Tehsildar. The said seized notes were kept in separate envelope and were sealed. The accused persons were informed that they have committed an offence under Section 4, 5, 6, 23 and 25 of the PC & PNDT Act and under Section 315/511 of the I.P.C. and then they were arrested by the police team. The Sonography machine, sonography probe, transvaginal probe and one printer of make Sony was seized and sealed on the spot and in the process the persons present there were asked to be witness of the said seizure, however, they refused to become witness and in view thereof, the arrest memo and seizure memo were prepared. The instant FIR was written by S.I. Subhash Singh on the dictation of Tehsildar and all the members of the police team have signed as witness to the said incident and a copy of the said report was also given to them. On such written report, the Case Crime No. 0628 of 2017 was registered against the applicant herein as well as two other accused persons.
"27. Offence to be cognizable, non-bailable and non-compoundable.-Every offence under this Act shall be cognizable, non-bailable and non-compoundable."
25. Section 28 of the PC & PNDT Act deals with the cognizance of offence which is reproduced herein:-
"28. Cognizance of offences.--(1) No court shall take cognizance of an offence under this Act except on a complaint made by--
(a) the Appropriate Authority concerned, or any officer authorised in this behalf by the Central Government or State Government, as the case may be, or the Appropriate Authority; or