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2015 Supreme(Raj) 964

M.N.BHANDARI
Ravi Mohan Mahawar – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioners: A.K. Gupta, Harihar Nath Mishra, Prem Kumar Sharma, Gaurav Gupta, Rahul Kamwar, Kapil Gupta, Anurag Kulshreshtha, Jitendra Mitrucka, Sudhir Jain, Dinesh Hissaria, Pankaj Gupta, Anurag Shukla, Vineet Mehta, Sunil Kumar Singh, P.S. Sharma, Santosh Kumar Jain, Surendra Sharma
For the State : G.S. Gill, H.C. Kandpal
For the Respondents: Vandana Sharma

JUDGMENT :

M.N. Bhandari, J.

By these criminal misc. petitions, a challenge is made to the complaint and subsequent orders of cognizance of the offence under Pre Conception and Pre Natal Diagonistic Techniques (Prohibition of Sex Selection) Act, 1994 (in short "the Act of 1994").

2. A criminal complaint was filed against the petitioners apart from others for violation of various provisions of the Act of 1994 and the rules made thereunder. The complaint aforesaid was filed under Section 28 of the Act of 1994. In pursuance to the complaint, cognizance of offence was taken in majority of the cases. A challenge to the complaint as well as order for cognizance of offence has been made on various grounds.

3. Learned counsel for petitioners submitted that an inspection was made by the person not authorised under the Act of 1994. A reference of Section 17 & 17A of the Act of 1994 was given to show as to who is authorised to inspect diagnostic lab or clinic, etc. As per Sections 17 and 17A of the Act of 1994, authority of inspection lies with the Appropriate Authority and the Advisory Committee. The inspection can be made by the person having qualification as is required for the Appropriate Aut








































































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