conditions prescribed by Section 28 of the said Act. Thus,
provision contained in Section 28(1) of the PCPNDT Act does not
contemplate the lodging ... clearly makes the requirement of this Section
imperative and mandatory. Thus when Section 28 of the PCPNDT
avk 43/47
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Dr. Brij Pal Singh vs State Of U.P. And Another on 30 September, 2024
taken only on the Complaint in accordance with the Section 28
PCPNDT Act.
45. The Complaint bearing CC No. 3229/2018 has already been submitted ... could have been registered for the
offence under PCPNDT Act. Section 28 PCPNDT Act specifically provides
that cognizance of an offence can be taken only
filing of complaints and taking
cognizance are in violation of Section
28 PCPNDT Act, 1994.
(B) The cognizance was taken without any
proof of competence ... 200186/2018 &
W.P.No.200187/2018
8. Section 28 of PCPNDT Act, 1994 deals with
taking cognizance which read as follows :-
" Section
provisions of Section 17(4)(e) of the
PCPNDT Act and Rule 18A(3)(iv) of the PCPNDT Rules read with
Section ... Appropriate Authority and not the police.
(4) that as per Section 28 of the PCPNDT Act, cognizance
could only be taken on a complaint made
section (1). The word 'may' as it
appears in sub-section (3) of section 28 of the PCPNDT Act gives
discretion ... clause (b) of sub-section (1) of
section 28. If a complaint petition as envisaged under section 28
of the PCPNDT Act is presented before
respondent has also lodged a private complaint under Section 28(1) of PCPNDT Act, for the offence under Sections 6(a) & 6(b) punishable ... provisions of the PCPNDT Act filed a criminal complaint under Section 28(1) of PCPNDT Act, for the offence under Section
respondent has also lodged a private complaint under Section 28(1) of PCPNDT Act, for the offence under Sections 6(a) & 6(b) punishable ... provisions of the PCPNDT Act filed a criminal complaint under Section 28(1) of PCPNDT Act, for the offence under Section
since IPC Sections, which are
cognizable in nature are also involved, the bar under Section 28 of the
5 1068.2024APPLN.odt
PCPNDT Act will ... regards cognizance of offences under the PCPNDT
Act, Section 28 of the said Act prescribes that no Court can take
cognizance of an offence under
Report.
16. If we look into the provisions of PCPNDT Act, then u/s 28(1)(a)
of the said Act it is specifically provided ... proceeding which includes initiation of criminal prosecution by filing
complaint u/s 28 of PCPNDT Act. Mere report or complaint or information
received cannot
