IMPORTANT POINT
The court emphasized the necessity of timely processing of renewal applications and adherence to procedural safeguards before initiating criminal proceedings under the Act.

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 under the Act for renewal of certificate of registration. For two years no action is taken on the application. On 22-02-2024 the District Health and Family Welfare Officer and his team members conduct an inspection and search in the clinic and seized one ultrasound machine and kept the machine so sealed in the clinic. Another team comes on 27-02-2024 and conducts search in the diagnostic centre of the laboratory. Based upon the aforesaid search conducted, a crime comes to be registered invoking Section 200 of the Cr.P.C. The concerned Court, in terms of its order dated 20-04-2024, takes cognizance of the offence, registers C.C.No.10586 of 2024 and issues summons to the petitioners to be returnable by 16-07-2024. It is taking of cognizance, registration of crime and issuance of summons that has driven the petitioners to this Court in the subject petition.

3. Heard Sri K.V. Tejasvi, learned counsel appearing for the petitioners and Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for the respondent.

4. The learned counsel appearing for the petitioners would vehemently contend that the petitioners have not committed any offence under the Act. No violation is found at the time of search. The complaint is registered on the score that no records are maintained and no records with forms are maintained. The only allegation is that they did not find Form-2F. Not maintaining Form2F does not relate to sex selection or detection. It is not even a punishable offence. He would further contend that the petitioners have filed the application for renewal of certificate of registration along with requisite fee before the date of expiry of the licence. The respondent did not pursue the application in a timely manner and what is now projected is that the clinic is running without a licence. The laboratory runs on ultrasound machine. The ultrasound machine itself is seized which deprived services to the general public. Before initiation of criminal prosecution, no notice to show cause as to why action should not be taken for the offence punishable under the Act, is even issued. He would submit that there are glaring lacunae in what the respondent has done by conducting search in the laboratory of the petitioners. He would seek quashment of proceedings.

5. Per contra, the learned Additional State Public Prosecutor would vehemently refute the submissions to contend that the petitioners are running the clinic/laboratory without a licence under the Act. They do not possess any registration under the provisions of the Karnataka Private Medical Establishments Act, 2007. The laboratory has not maintained appropriate forms. All this is in violation of law and, therefore the petitioners should face the proceedings and come out clean in a full blown trial. He w