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2022 Supreme(Kar) 14

M.NAGAPRASANNA
Dhondiba Anna Jadhav Memorial Hospital, By Dr. Nitin Jadhav – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SHRI SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE
For the Respondent: SHRI RAMESH CHIGARI, HCGP

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 Magistr

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