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SANDEEP N. BHATT
Pappukumarsinh – Appellant
Versus
Dharmesh Bharatbhai Patel – Respondent
JUDGMENT :
(Sandeep N. Bhatt, J.)
1. The present petition is filed by the petitioner – original complainant under Article 226/227 of the Constitution of India, being aggrieved by and dissatisfied with the impugned order dated 08.04.2019 passed by the learned appellate Court below – 5th Additional Sessions Judge, Rajkot in Criminal Revision Application No.31 of 2018, whereby the discharge application of the present respondent No.1 is allowed and the order passed by the learned trial Court – 5th Additional Chief Judicial Magistrate, Rajkot dated 15.12.2017 in Criminal Case No.7184 of 2014, rejecting the discharge application of present respondent No.1, is reversed.
2. The brief facts of the case are as under :
2.1 Initially, upon complaint given by the petitioner before the learned trial Court on 21.02.2014, the learned trial Court has passed an order on 21.02.2014, directing the Police Authority of the Malviyanagar Police Station to carry out the inquiry under Section 202(1) of the Code of Criminal Procedure, 1973 (‘the Code’ for short) and submit the report on or before 04.04.2014 and accordingly, it was registered as Criminal Inquiry Case No.68 of 2014.
2.2 Pursuant to the said order,
The person conducting ultrasonography is responsible for maintaining records as per the statutory requirements, and procedural lapses in inspections can lead to the quashing of convictions.
The accused cannot bear responsibility under the Act without the qualification to perform ultrasonography; statutory compliance must be maintained by qualified personnel. Defects in inspection proces....
(1) Sex determination test – Summoning order – It is mandatory for person conducting Ultrasonography on a pregnant woman to keep complete record relating to Ultrasonography in clinic – Determination ....
The High Court upheld the principle that regulatory authorities must comply with statutory notice requirements in cases of suspension, reinforcing the necessity of due process in healthcare regulatio....
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 emphasized the necessity of timely processing of renewal applications and adherence to procedural safeguards before initiating criminal proceedings under the Act.
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....
Suspension of registration under the respective enactments is permissible only under extraordinary circumstances in public interest, with reasons recorded in writing.
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