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M. NAGAPRASANNA
Subhalakshmi N. , W/o Maniyan Narayanan – Appellant
Versus
State – Respondent
ORDER :
The petitioners, both doctors, are before this Court calling in question proceedings in C.C.No.1938 of 2024 pending before the Metropolitan Magistrate, Traffic Court-I, Mayo Hall, Bangalore, pursuant to a complaint initiated by the 1st respondent under Section 200 of the Cr.P.C., alleging offences under Sections 20(1), (2), (3) and 23(1) and (2) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (‘the Act’ for short).
2. Facts, in brief, germane are as follows:-
Both the petitioners are doctors. The 1st petitioner is the proprietor of the Diagnostic Centre in the name and style of ‘Medizone Medical Centre’ (the Centre’ for short). The 2nd petitioner is a certified registered operator of the ultrasound machine at the Diagnostic Centre. It is the averment in the petition that the ultrasound diagnostic procedures are conducted at the centre between 10.30 a.m. and 11.30 a.m. and between 6.00 p.m. and 7.00 p.m. on the prescription of doctors who direct a test to be conducted upon the patients. When things stood thus, the 1st respondent/Appropriate Authority under the Act, on receipt of certain information, conduct an inspection at 4.0
The court established that procedural fairness and adherence to statutory guidelines are essential in regulatory actions under the Pre-conception and Pre-natal Diagnostic Techniques Act.
The court emphasized the necessity of timely processing of renewal applications and adherence to procedural safeguards before initiating criminal proceedings under the Act.
The importance of maintaining records as prescribed under the Act and Rules, and the legal implications of non-compliance.
Procedural safeguards must be strictly adhered to in actions taken under the PCPNDT Act as arbitrary actions undermine the statutory framework.
Seizer of Sonography machine - Civil Surgeon is appropriate authority. Now, as per the amendment, Civil Surgeon can authorize any surgeon to carry out inspection.
(1) Sex determination test – Summoning order – It is mandatory for person conducting Ultrasonography on a pregnant woman to keep complete record relating to Ultrasonography in clinic – Determination ....
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