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M. NAGAPRASANNA
B. Gopala Krishna, S/o. Bramhananda – Appellant
Versus
District Commissioner and District Appropriate Authority (“DAA”) – Respondent
ORDER :
M. Nagaprasanna, J.
1st petitioner, owner of a clinical laboratory in the name and style of Sree Venkateshwara Clinical Laboratory and the 2nd petitioner, registered medical practitioner are knocking at the doors of this Court, in the subject petition, seeking quashment of proceedings in C.C.No.10586 of 2024 pending before the Metropolitan Magistrate, Traffic Court-1, Bengaluru and the order of the concerned Court taking cognizance of the offence under 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:-
The 2nd petitioner is said to be the qualified registered medical practitioner who has begun his practice in the year 1980 and has a Karnataka Medical Council registration. The 1st petitioner who is the owner of the aforesaid clinic obtains a certificate of registration under the Act and the Rules framed thereunder for a period of 5 years. It was to be in operation from 30-10-2017 through 29-10-2022. On 26-09-2022 the petitioners paid renewal fee as is necessary un
The court emphasized the necessity of timely processing of renewal applications and adherence to procedural safeguards before initiating criminal proceedings under the Act.
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 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.
Strict compliance with the provisions of the PCPNDT Act is essential to prevent sex determination and female foeticide, and non-compliance cannot be excused as a clerical error.
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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