Dr. Harihar Nath Garg vs The State Of Madhya Pradesh on 7 March, 2017
5. On the other hand, the learned counsel for respondent
no.2 submits that he is a social worker and some false case
filed against him will not deter him from performing his social
obligation of bringing malpractices for violation of the
provisions of the PC-PNDT Act. He also submits that in fact
respondent no.2 has been acquitted from the charges of rape
as were levelled on him and submits that he had examined
three persons including CMHO of Bhind in favour of his
complaint and after taking into consideration the statements
of three witnesses, a private complaint has been registered
by CJM Bhind taking cognizance of the offences under
Sections 23 (1) and 23 (3) of the PC-PNDT Act. Learned
counsel for respondent no.2 has placed reliance on the
judgment of the Hon'ble Supreme Court in the case of K.K.
Singhal & Others v. Steel Strips Ltd. as reported in
2015 (1) CCSC 477 (SC), wherein the Hon'ble Supreme
Court had upheld the decision of the lower Court in
4
M.Cr.C. No.13583/2016
(Dr. Harihar Nath Garg v. State of MP & Others)
dismissing the proceedings under Section 482, Cr.P.C. for
quashing the complaint under the provisions of Sections 417,
418 and 420 read with Section 120 of IPC. He submits that
since respondent no.2 has filed a revision before the
Sessions Court against the order of taking cognizance,
whereby the learned CJM has refused to take cognizance
under the provisions of Sections 420, 467, 471 and 120B of
IPC, therefore the proper way for the petitioner would have
been to approach the revisional Court rather than
approaching this Court under its inherent jurisdiction under
Section 482, Cr.P.C. He submits that prima-facie, the case is
made out and there is gross violation of the provisions of the
PC-PNDT Act inasmuch as Section 4(3) provides that no pre-
natal diagnostic techniques shall be used or conducted
unless the person qualified to do so is satisfied for reasons to
be recorded in writing that any of the following conditions
are fulfilled, namely :-