1 By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant, a practicing Gynecologist, seeks to invoke the inherent powers of this Court with a prayer to quash the proceedings of the Criminal Case No.1194 of 2015 in the Court of the Judicial Magistrate First Class at Vijapur, District: Mehsana, arising from a complaint filed by the respondent No.2 herein under the provisions of the Preconception and Prenatal Diagnostic Techniques (Regulations and Prevention of misuse) Act, 1994 (for short, the “PC and PNDT Act”). The complaint is extracted hereunder:

“Subject: Complaint under Section 23 of the Act for breach of the provisions contained under Sections 3(1), 3(2), 3(3), 5, 6 and 29 of the PC & PNDT Act and Rules 8(1), 9(1), 9(4), 17(2) and 18(5) of the PC & PNDT Rules, 1994.

The complainant most respectfully state that he is the District Health Officer and is lodging this complaint on this 23rd day of August 2013 under the PC & PNDT Act, 1994. He is the appropriate authority under the said Act and has the power to lodge the complaint.

The accused Dr. Hasmukh M. Goswami, Jeevandeep Hospital, Opp. Veterinary Hospital, Vijapur, is a Medical Practitioner, the owner and caretaker of the Nursing Home. He is registered under Section 19(1) of the Preconception & Prenatal Diagnostic Techniques (Regulations & Prevention of Misuse) Act, 1994, having license No.GJ10109GCL2003.

(2) That the decline in female sex ratio in the society is a matter of concern and the provisions of the PC & PNDT Act, 1994 have been enacted with a view to see that the female sex ratio is maintained and no sex determination of foetus may be done and to stop female foeticide. Under these provisions, no sex determination of foetus is permissible and to stop female foeticide, for which the Act has appointed the appropriate authority at the District level who may be either the District Magistrate or may be the Collector, District Development Officer and Chief Health Officer. Accordingly, at the Taluka level, Sub-District Magistrate and Taluka Health Officer (Block Health Officer) have been declared as the Sub-District Appropriate Authority. Under the PC & PNDT Act, these authorities are directed to find out and supervise the Doctors having ultrasound & sonography clinics which carry out sex determination and foetus feticide.

That on 14.09.2013, Dr. T.K. Soni, Appropriate Authority, under the PC & PNDT Act and Chief District Health Officer, Mehsana, Dr. V.S. Patel, District RCH Officer, Mehsana and Dr. R.R. Patel, I/c. SubDistrict Appropriate Authority and Taluka Health Officer, Vijapur, jointly visited the Jeevandeep Hospital owned by Dr. Hasmukh M. Goswami at Vijapur. During the aforesaid visit, since the aforesaid Hospital is registered under the aforesaid Act, upon verification of records, following irregularities were noticed:

1 Despite the time for renewal of the registration under the Act expired on 01.09.2013 and under the provisions, advance notice is to be provided to the appropriate authority prior to 30 days, late renewal application was submitted on 21.08.2013 and though no renewal was granted, sonography services were provided by the hospital in violation of Rule 8(1) of the Act.

2 The ultrasound clinic is obliged to maintain form F, which depicts the printed details where points 9, 12, 13, 16, 18, 19 shows the details of the patients. This Form F which needs to be printed was found to be inaccurate and deficient. The provisions of Sections 5, 6 & 27 of the Act and Rule 9(4) of the Rules have been breached.

3 Under the Act, the renewal registration of the Jeevandeep Hospital expired on 01.09.2013 and yet, the Hospital continued to operate the machines. On 09.09.2013, sonography was performed upon Kanchanba Sajjasinh Rathod residing at Old Devpura, Ranchhodpura, Vijapur, although the registration had expired under