Point of Law: Appointing an Authority under the Act would be the Appropriate Authority or any officer authorized either by the Central Government or by the State Government.

ORDER :

The petitioners call in question proceedings instituted in C.C.No.910/2016 under Section 28 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 r/w Rules of 1996 (‘Act’ for short) pending before the Principal Civil Judge and JMFC, Gokak invoking Section 200 of the Cr.P.C.

2. Heard learned counsel appearing for the petitioners and learned HCGP appearing for the respondent.

3. Sans details, facts in brief germane for a resolution of the dispute in the lis are as follows:

Petitioners are medical practitioners. They own and run Sri Dhondida Anna Jadhav Memorial Hospital at Gokak for many years now. The respondent - Taluka Health Officer visits the hospital and conducts an inspection, the result of which is the registration of the impugned complaint invoking Section 28 of the Act on the allegation that the hospital has not maintained records as required under the Act and have also installed equipments for the purpose of detecting sex of fetus.

4. On this inspection it is further contended in the complaint that equipments and documents were seized from the hospital. After the registration of the said complaint, the jurisdictional Magistrate records the sworn statement and takes cognizance of the offences punishable under Section 28 of the Act and Rule 9 of the Rules. It is this action of the learned Magistrate that drives the petitioners to this Court.

5. The learned counsel appearing for the petitioner would vehemently argue and contend that the respondent is not the authority empowered under the Act either to inspect or register a complaint against the petitioners. Therefore, any act of the respondent in registration of the complaint is one without jurisdiction and a nullity in law.

6. On the other hand, the learned High Court Government Pleader would seek to defend the action by contending that there is a notification issued by the Government on 15.10.2011 empowering the respondent to inspect and register the complaint. He would submit that the petitioners have to come out clean in the trial as the registration of the complaint is in accordance with law.

7. I have given my anxious consideration to the submissions made by the respective learned counsel for the parties and perused the material on record. In furtherance whereof, the only issue that falls for my consider is, “whether the proceedings instituted by the respondent suffers from want of jurisdiction?”

8. The afore-quoted facts are not in dispute. The Act was brought into force to check female foeticide. Section 17 of the Act reads as follows:

“17. Appropriate Authority and Advisory Committee.- (1) The Central Government shall appoint, by notification in the Official Gazette, one or more Appropriate Authorities for each of the Union territories for the purposes of this Act.

(2) The State Government shall appoint, by notification in the Official Gazette, one or more Appropriate Authorities for the whole or part of the State for the purposes of this Act having regard to the intensity of the problem of pre-natal sex determination leading to female foeticide.

(3) The officers appointed as Appropriate Authorities under sub-section (1) or sub-section (2) shall be,-

(a) when appointed for the whole of the State or the Union territory, consisting of the following three members

i) an officer of or above the rank of the Joint Director of Health and Family Welfare-Chairperson;

ii) an eminent woman representing women’s organization; and

iii) an officer of Law Department of the State or the Union territory concerned:

Provided that it shall be the duty of the State or the Union territory concerned to constitute multi-member State or Union territory level Appropriate Authority within three months of the coming into force of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002:

Provided further that any vacancy occurring therein shall be filled within three months of that occurrence.

(b) when appointed for any p