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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Devayatbhai Masribhai Chopda – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. common order due to related petitions. (Para 1) |
| 2. arguments for quashing the fir. (Para 3) |
| 3. court’s substantiation of legal principles. (Para 6) |
| 4. final decision to quash and set aside case. (Para 7) |
ORDER :
1. Since the issues involved in both petitions are similar in nature and arise out of one and same complaint having connected facts, with the consent of learned advocate for both the sides, they are heard together and are being disposed of by this common order.
2 By way of the present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, “the Cr.P.C.”), the petitioners seek to quash the Criminal Case No.433 of 2019 initiated before learned Additional Chief Judicial Magistrate at Talaja, District Bhavnagar and order below Exh. 1 dated 25.6.2019.
3. Learned advocate Mr. Aditya A. Choksi, appearing for the petitioners, seeks quashment of the process issued in Criminal Case No. 433 of 2019 instituted under Section 23 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, “the Act of 1994”), alleging commission of offences under Sections 3 and 26 of the said Act read with Rule 3(
Criminal proceedings may be quashed if the complaint lacks prima facie evidence of offences, particularly where the principal entity is not arraigned, impacting the legal tenability of charges.
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.
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