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2013 Supreme(Bom) 2649

ABHAY SHREENIWAS OKA, S.C.GUPTE
Uttamkumar Balwant Sardesai – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant: S.R. Ganbavale
For the Respondents: Y.S. Bhate

Judgment

S.C. Gupte, J.

1. Rule, Rule made returnable forthwith. By consent of Counsel for all parties the petition is taken up for hearing. The petitioner, who is a registered medical practitioner, challenges his suspension from the Register of Medical Practitioners maintained by the Maharashtra Medical Council, under Article 226 of the Constitution of India.

2. On 11 March 2011, a criminal complaint was filed against the petitioner and three other accused for offences punishable under sections 3, 4 and 5(3) of the Bombay Nursing Homes Registration Act, 1949 ("the Nursing Homes Act"), sections 3(1), 3(2),3(3), 3-B, 18, 23 and 25 of the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Seduction) Act, 1949 ("the Prenatal Diagnostic Techniques Act") read with section 341 of the Indian Penal Code, 1860 with the learned J.M.F.C., Kagal. It was the case of the Complainant (Medical Superintendent Rural Hospital, Kagal) inter alia that sonography machines were used in the hospital/clinic run by the petitioner and other accused; that the equipments were used/capable of being used for prenatal diagnostic techniques; that the hospital/clinic had no registration either under














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