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2021 Supreme(Bom) 362

SURENDRA P.TAVADE
Sangita W/o. Nitin Dhakne – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.S.G. Chapalgaonkar, Advocate
For the Respondent: Ms.R.P. Gaur, Adv

JUDGMENT :

1. The applicant has filed this application for quashing the order of issue process passed against her by the Judicial Magistrate, First Class, Parli-Vaijnath, Dist. Beed in RCC No.270 of 2011. The applicant has completed MBBS, DGO. She is running a hospital along with Sonography Diagnostic Center. Her center is registered under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 [for short “PCPNDT Act”] and Rules framed thereunder. The applicant was running her center in accordance with the provisions of law. Respondent No.2 i.e. original complainant visited Sonography Center/Hospital of the applicant. He carried out inspection of the Center. The entire record was made available to him. However, he seized 8 “F” forms. It is alleged that the said forms were not filled up completely. Respondent No.2 seized Sonography machine and issued show-cause notice to the applicant. The applicant replied the same. It is contended that respondent No.2 filed complaint before the Court of Judicial Magistrate, First Class, Parli-Vaijnath, wherein the Trial Court issued process against the applicant. It is contended that the seized Form “F” were

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