Act and relevant
rules, more particularly, Section 28 of the said Act and the statement of
object and reasons for enacting the PC-PNDT ... clause 3 of Section 28 where a complaint has been
made under clause (b) of sub-section (1) of Section 28 , the Court
offence punishable under the PC & PNDT Act. Sub-section (3) of Section 28 provides that when a complaint is made by a person ... under the Act and immediately on receipt of notice under clause (b) of sub-section (1) of section 28 of the Act
Act
as described in Section 28 of the said Act and the cognizance could only be
taken for the said offence under Section ... PNDT Act on a
complaint filed by the appropriate authority or any other person mentioned
in Section 28 of PNDT Act but since
commission of an offence punishable under the
said Section.
Section 30 of the PNDT Act is reproduced as under :-
"30. Power to search ... held that as per clause (a) of sub-
section (1) of Section 28 of the PNDT Act, only the complaint can be filed
Section 17(3)(b) the word "appropriate
authority" as used in Section 28(a) would be
relevant. On reading Section 28 ... complaint
under section 28(1)(a) of the Act". After going through the
provisions of sections 17(2)(3) and 28
taken cognizance
of an offence under this Act in view of Section 28 of PC&PNDT Act
on the basis of a chargesheet ... offence under the Act is concerned, and the same can only be taken in
accordance with Section 28 of the Act.
31. In the present
provisions of the proviso to sub-section
(3) of section 4 of the PNDT Act require that the
complaint should contain specific allegations regarding ... section (1) of
Section 23-A, considering sub-section (2) of
Section 23-A of the MMDR Act, there shall
not be any proceedings
having no jurisdiction to investigate the matter as Section 28 of
PC&PNDT Act, provides that no Court shall take cognizance ... competent to lodge the
complaint in terms of Section 28 of PC&PNDT Act. Admittedly in the
present case, at the initial stage
Appropriate Authority PNDT Act ) Vs. Dr. N. K.
Mohanty " bearing CC No. 70A/1/12 u/s 28 PNDT Act ... Appropriate Authority PNDT Act ) Vs. Dr. N. K.
Mohanty " bearing CC No.70A/1/12 u/s 28 PNDT Act
complaint before the competent court as
required under Section 28 of the PC-PNDT Act and since the specific notice
in the manner prescribed ... order to comply with the mandate of Section 28 .
40. Section 28 of the PC-PNDT Act read as under:-
28. Cognizance of offences
