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2023 Supreme(Bom) 2290

S. G. MEHARE
Gopal – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Bipinchandra K.Patil, Advocate, P.R.Katneshwarkar, Advocate, Y.G.Gujarathi, Advocate

JUDGMENT/ORDER

1. The applicants have impugned the common order of the learned Assistant Sessions Judge Nanded below Exhs.9 and 14, in Sessions Case No. 200 of 2013, dated January 31 2014.

2. The applicants will be referred to as ''accused'', and respondents will be referred to as "State".

3. The facts giving rise to the prosecution of lodging the report against the applicants were that the applicant in Revision No. 8 of 2015 was a sonologist. He was working with Dr. Agrawal, who was running the hospital by the name Lifeline Hospital and had a registration certificate under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection Act) 1994 (hereinafter referred to as "P.C.P. N.D.T. Act" for short.)

4. The applicant in Revision Application No. 8 of 2015 was a Nurse in the said hospital. It has been alleged against the accused that the victim had been to their hospital on 22/6/2013, and the accused/Dr. Gopal performed sonography on her. One Shaikh Arefabee w/o Khudabaksh, another accused, took the victim to the hospital where the accused Dr. Gopal, was doing the sonography on the pregnant woman. She instructed the victim that she should not talk to anybody and

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