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R. M. JOSHI
Ravindra – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. Rule. Rule made returnable forthwith.
2. By consent of both the sides, heard fnally at admission stage.
3. This petition under Sec. 226 and 227 of the Constitution of India and Sec. 482 of the Code of Criminal Procedure takes exception to the order dtd. 13/1/2015, passed in RCC No. 56/2012 dismissing the application for discharge and confrmation of the said order by Additional Sessions Judge in Criminal Revision Application No. 19/2015 vide order dtd. 5/10/2017.
4. Petitioners are medical practitioners. Petitioner No. 1 runs registered Sonography Center in the name and style as "Suvidha Hospital, Maternity Home and Sonography Center" since 2006. Registration certifcate issued in favour of petitioner No. 1 expired in the year 2011 and an application was made for renewal thereof on 14/10/2011. The said certifcate was renewed by order dtd. 3/11/2012 with effect from 17/11/2011 to 16/11/2016. It is the contention of petitioners that prior thereto inspection of the sonography machine was done on 3/12/2011 covering period from 15/5/2011 to 9/6/2011. It is alleged against petitioner No. 1 that there are discrepancies in Form F. On that day, Form F, report fles and MTP regist
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.
Important Points – (1) Court cannot conduct mini trial at the time of framing charge.(2) Doing prohibited sex determination test – Examining women patient through ultrasound procedure and not maintai....
The court affirmed that complaints under the PC & PNDT Act must be filed by designated authorities and that sufficient grounds are required for trial without conducting a full evidentiary examination....
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.
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