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 police authority has carried out the inquiry and submitted its report before the learned trial Court. The learned trial Court, after taking into consideration the complaint, police report and other papers, had issued summons upon the accused for the offences punishable under Sections 4 (3), 5(1-b), 19(4) and 29 of the Pre- conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act (‘the Act’ for short) and Rules 6(2), 9(1), 10 and 17(2) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules (‘the Rules’ for short).

2.3 Aggrieved by the said order of issuing summons, respondent No.1 – accused No.2 had preferred revision application before the learned Sessions Court being Criminal Revision Application No.32 of 2015 under Section 397 read with Section 401 of the Code.

2.4 The learned Sessions Court has rejected the said revision application vide order dated 30.10.2015.

2.5 Accordingly, the said inquiry proceeding is culminated into Criminal Case No.7182 of 2014 before the learned trial Court.

2.6 In the said Criminal Case No.7182 of 2014, respondent No.1 herein has preferred discharge application at the stage of framing of charge by an application - Exh.114 before the learned trial Court.

2.7 The learned trial Court has rejected the said discharge application Exh.114 of respondent No.2 vide order dated 15.12.2017.

2.8 Being aggrieved by and dissatisfied with the said order dated 15.12.2017 passed by the learned trial Court, respondent No.2 has preferred Criminal Revision Application No.31 of 2018 before the learned appellate Court below – Sessions Court, Rajkot.

2.9 The learned appellate Court below has allowed the said application vide order dated 08.04.2019, by reversing the order passed by the learned trial Court, which is impugned in this petition.

2.10 Hence, the present petition by the Authority before this Court.

3. The matter is of the year 2019 and the issue is of the year 2014. Till date, neither notice nor any effective order is passed by this Court. Since no notice is issued, respondent No.2 may be unaware about this petition. However, looking to the pendency, this Court has heard this petition on merits.

4. Heard learned advocate Ms.R.V. Acharya for the petitioner – Authority and learned APP Mr. Soaham Joshi for the State at length on earlier date of hearing i.e. 04.07.2023. Thereafter,