Competence of the authority to file FIRs under the P.C.P.N.D.T. Act and applicability of previous judgments.

JUDGMENT

Pushpendra Singh Bhati, J. - The petitioners have preferred these petitions under Section 482 Cr.P.C. claiming the following reliefs:

S.B. Criminal Misc. Petition No. 3240/2016

"It is, therefore, most humbly and respectfully prayed on behalf of the petitioner that this criminal misc. petition may kindly be allowed, FIR No. 19/2016, P.S. PBI, Medical & Health Services, Rajasthan, Jaipur registered qua the petitioner for the offence under Sections 4, 5, 6, 23, 25, 29 PCPNDT Act, 1994: Rule 9 & 10 PCPNDT Rules, 1996 and Section 315/511 IPC, as well as proceedings ensued therein till date, may kindly be quashed and set aside, so also the charge-sheet, if filed.

Any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case may be passed in favour of the petitioner. "

S.B. Criminal Misc. Petition No. 2345/2016

"It is, therefore, most humbly and respectfully prayed on behalf of the petitioner that this criminal misc. petition may kindly be allowed, FIR No. 10/2016, P.S. PBI, Medical & Health Services, Rajasthan, Jaipur registered qua the petitioner for the offence under Drugs and Magic Remedies (objectionable Advertisement) Act, 1954; Section 315, 120-B IPC and Sections 4, 5, 6, 23, 25, 29 PCPNDT Act, 1994: Rule 9 (2), (3), (4), (5) (6), (7) and (8) of the Rules of 1996 thereunder, as well as proceedings ensued therein till date may kindly be quashed and set aside, so also charge sheet, if filed.

Any other appropriate order or direction which may be deemed just and proper in the facts and circumstances of the case may be passed in favour of the petitioner. "

2. At the outset, learned counsel for the petitioners submits that the impugned F.I. Rs. ought to be quashed and set aside; as a perusal of the provision of law contained in Sections 27 & 28 of the P.C.P.N.D.T. Act and Rule 18A of the P.C.P.N.D.T. Rules, would reveal that the respondent No. 2 was not competent to file the impugned First Information Reports.

3. Learned counsel for the petitioners further submits that the judgment rendered by the Coordinate Bench of this Hon'ble Court in the case of Dr. Mohammad Imtiyaz v. State of Rajasthan (S.B. Criminal Misc. (Pet) No. 5502/2022, decided on 22.09.2022), squarely covers the controversy herein; in the said case, the Hon'ble Court had observed that under the P.C.P.N.D.T. Act, though a complaint made by the competent authority will survive, but the FIR lodged by the said authority would be in violation of the aforementioned provisions of law contained in the P.C.P.N.D.T. Act and Rules, and therefore shall not survive. And that a perusal of the impugned First Information Reports would reveal that the offences under the Sections therein are also prime facie, not made out against the petitioners; being Section 315/511 I.P.C. in FIR No. 19/2016, and Sections 315 & 120-B I.P.C. in FIR No. 10/2016, respectively.

For the sake of brevity, the said judgment rendered in Dr. Mohammad Imtiyaz (supra) is reproduced hereunder:-

"1. The instant petition has been preferred invoking this Court's power under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") impugning the F.I.R. No. 01/2022, registered at Police Station P.B.I., District Jaipur against the petitioner seeking his prosecution for offences under the provisions of Sections 420 & 120 -B of the Indian Penal Code, Sections 4, 5, 6, 18, 23 & 25 of the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as "the P.C.P.N.D.T. Act") and Rule 4 of Pre-conception and Pre-natal Diagnostic Techniques Rules, 1996 (hereinafter referred to as "the P.C.P.N.D.T. Rules").

2. While maintaining that the petitioner has been falsely implicated and a concocted story has been portrayed, Mr. Kumbhat, learned counsel for the petitioner argued that the respondent No. 2 has no jurisdiction to register an F.I.R. for offences under the provisions of the P.C.P.N