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ARVIND KUMAR VERMA
G. D. Meghani S/o Barunomal Meghani – Appellant
Versus
Appropriate Authority PNDT Act 1984 – Respondent
ORDER :
1. Present petition has been filed under Section 482 Cr.P.C. seeking quashment of the complaint which has not been filed by the appropriate authority or Officer authorized and the order taking cognizance passed by the trial court in the Complaint Case No. 582/2013 and has challenged the entire proceedings initiated in the said case pending before the Judicial Magistrate First Class, Bilaspur.
2. Brief facts of the case is that the petitioner is a pathologist practicing in Bilaspur for the last many years and for the purpose of pathological diagnosis, he has installed the Sonography machine. In the year 2011, a criminal complaint was preferred against the petitioner for commission of the offence punishable under Section 3 & 4 of the Pre-conception & Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter ‘PC & PNDT Act’) read with Section 23 and 25 of the Pre-Conception & Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter ‘PC & PNDT Act’).
3. Vide order dated 29.07.2011, cognizance has been taken by the learned trial court and the petitioner appeared before the learned trial court and applied for bail. Thereafter
Cognizance of offences under the PC & PNDT Act requires a complaint from the appropriate authority, and failure to comply renders the proceedings void.
Cognizance of offences under the P.N.D.T. Act requires complaints filed by appropriate authorities; failure to comply renders proceedings invalid, constituting an abuse of process.
Appointing an Authority under the Act would be the Appropriate Authority or any officer authorized either by the Central Government or by the State Government.
Only the Appropriate Authority can file complaints under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, and failure to comply renders the proceedings invalid.
Jurisdiction of the court to take cognizance of offences under the Act is limited to complaints made by the appropriate authority as defined by the Act.
Only authorized officers under the PCPNDT Act can file complaints; lack of authorization renders the complaint invalid.
The Pre-Conception and Pre-Natal Diagnostic Techniques Act permits complaints by authorized officers; complaints are valid if the appropriate authority delegates power according to statute without ne....
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....
Cognizance of offences under the Pre-conception and Pre-natal Diagnostic Techniques Act can only be taken on a complaint filed by appropriate authorities, not via FIRs, as per Sections 27 and 28 of t....
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