offence punishable under Section 4(3) and Section 29 read with Rule 9
of the PNDT Act punishable under Section 23 was found to have ... vide Order dated 09.12.2013 for the
offences punishable under Sections 23/25 of PC & PNDT Act. The
accused pleaded not guilty to the charge
Accused:
3. Prima facie case u/s 313 r/w sec/ 120B IPC and sec. 201 r/w
sec. 120 B IPC was made ... accordingly acquitted of the offence
u/s 313 r/w sec/ 120B IPC and sec. 201 r/w sec. 120 B IPC . Accused
take cognizance of offences
punishable u/s 3A/4/5/6/23/25/26/29 of PNDT Act read
with Rule 9/17/18 framed ... ISSUES BEFORE THIS COURT
I. Cognizance of Offences under Section 28
25. The core legal issue before this Court, raised by way of present
petition
center and criminal complaints
were filed under Sections 22, 28 of the PC & PNDT
Act,1994 in the Court of Judicial Magistrate ... that offence
was committed which was punishable under Section 23 &
25 of the PC & PNDT Act, 1994. The complaint was filed
could be suspended or cancelled under
Section 20 of the PNDT Act. He pointed out under Section 20 PNDT Act the
suspension or cancellation ... PNDT Act, penal actions have been stipulated under Sections 23 and 25 of
the PNDT Act. These are separate criminal proceedings independent of the
action
provisions under Sections 3(2), 5 and 29 of the PC
and PNDT Act which is punishable under Sections 23 and 25 of
the said ... took
cognizance of offences punishable under Sections 3(2), 5, 29,
23 and 25 of the PC and PNDT Act and issued summons
term 'Appropriate
Authority' as defined under Section 2(a) of the PC & PNDT Act means an
'Appropriate Authority' appointed under ... following the procedure prescribed under
Rule 12 read with Section 30 of the PC & PNDT Act, the search and seizure
were effected.
19. Learned
complaint against the applicant for the offence
under Section 23 and 25 of the PC and PNDT Act,
before the court ... cognizance against the applicant for the offence
punishable under Section 18 , 23 , and 25 . After
appearance of the applicant/accused, the Judicial
Magistrate First Class
appears in sub-
section (3) of Section 28 of the PC-PNDT Act will have to be read as `may'
and not `shall ... preferred under Section 28(3) of the PC-PNDT Act prior to
taking cognizance of the alleged offences under the PC-PNDT Act, and
hence
alleged that penal provisions of Section 23 &
Section 25 are attracted for contravention of Sections, 4 , 5 and 6 and
corresponding rules. Further ... further averred in the said
complaint that Section 4(3) of the PNDT Act specifics duty on the
registration holder or the Doctor conducting Sonography
