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2026 Supreme(SC) 685

SANJAY KAROL, PRASHANT KUMAR MISHRA
Ramesh – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
For the Appellant(s) Mr. Makarand D. Adkar, Adv. Mr. Pravin Waman Satale, Adv. Mr. Rishabh Jain, Adv. Mr. Rajiv Shankar Dvivedi, AOR
For the Respondent(s): Mr. Aniruddha Joshi, Sr. Adv. Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Shrirang B. Varma, Adv.

JUDGMENT :

SANJAY KAROL, J.

Leave granted.

2. In the larger context of this appeal, we are reminded of the words of Subhadra Kumari Chauhan in the poem ‘Balika ka parichay’. It powerfully describes the beautiful joy of a mother upon the birth of her daughter:

Well, to our mind the objective of the Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 19941[PCPNDT] is to enable a woman to feel the joy that has been described above.

From our own scriptures, the once much cherished, but now largely forgotten value is also worth reminding ourselves of:

^;= uk;ZLrq iwT;Urs jeUrs r= nsork%^2[‘Yatra naryastu pujyante ramante tatra dewatah’] (where woman is worshipped, there is abode of God).]

3. This appeal challenges the judgment and order of the High Court of Judicature at Bombay, Aurangabad Bench in CrWP No. 1363 of 2017, whereby the challenge to the order taking cognizance dated 9th June 2016 in RCC No.16 of 2016 passed by the Judicial Magistrate First Class, Ardhapur3[Trial Court] was rejected.

4. The Trial Court has directed the issuance of process under Section 204 of the Code of Criminal Procedure4[CrPC] for the offences punishable under Section 23 of the Pre-Conception an

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