Temporary suspension of ultrasound clinic revoked automatically upon submission of doctor's registration before alleged violation; impeccable material warrants quashing under S.482 CrPC as no offence and prosecution bound to fail.

JUDGMENT :

SANDEEP SHARMA, J.

1. Since common questions of facts and law are involved in both the above captioned cases, same were heard together and are being disposed of vide common order.

2. Precisely, facts of the case, relevant for adjudication of the case at hand, are that petitioner after having passed degree of MBBS in September 1999 got himself registered with Himachal Pradesh State Medical Council vide registration certificate (Annexure P-2). After his being registered with the afore State Medical Council, petitioner started running Ultrasound Clinic in the name and style of Dev Bhumi Medical Centre at Kullu. One Sh. Maneesh Srivastava i.e. respondent/complainant (herein after referred to as “complainant”) in CrMMO No. 64 of 2017, lodged a complaint (Annexure P-3) under Section 28 of PC&PNDT Act, 1994 read with Section 200 of Cr.PC, against the petitioner for his having allegedly committed offence punishable under Sections 4 , 5, 6, 23, 25 & 29, Rules 9 & 18 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act, 1994 & Rules framed thereunder read with Sections 166, 167, 204, 109 and 34 of IPC and the provisions of Prevention Of Corruption Act, in the court of learned Chief Judicial Magistrate Kullu, District Kullu, Himachal Pradesh, alleging therein that in the year 2014, he came to know from various reliable sources that petitioner-accused (in short “accused”) is not only acting in gross violation of provisions of PC & PNDT Act and rules framed thereunder, but he is also involved in determination of the sex of fetus. He alleged that in the first week of October 2014, he came in possession of one ultrasound report dated 11.3.2014 of one pregnant woman namely Ms. Ranjeeta, aged 26 years, who was referred by Dr. Geeta, pertaining to Ultrasound Clinic of the accused i.e. Dev Bhumi Medical Centre. The Ultrasound report contained; (i) Original Thermal Print of USG image (with the text printed as "Dev Bhumi Medical GE conducted on 11.03.2014 at 12:51:03 PM" (ii) Original Report containing signatures/initials with remarks as 'Dr. Amit Kumar, MBBS, DMRD' and (iii) Original printed Envelope with text as Dev Bhumi Medical Centre.

3. After receipt of afore information, complainant applied for aforesaid information under RTI Act, whereby he sought certified copies of consolidated summary of records (Form-F) of Ultrasound Centers functioning in Kullu Town for the period starting from February 2014 to May 2014. In response to aforesaid RTI, complainant was provided certified records of monthly report of ultrasonography, registered centre wise of eight ultrasound centers of Kullu Town including Dev Bhumi Medical Centre, owned and possessed by the accused. Perusal of report of Dev Bhumi Medical Centre reveals that in the month of March 2014, afore clinic conducted/ performed as many as 68 ultrasounds, however, out of 68 ultrasound reports, there is not a single report, which finds mention of any serial number or date on it. Complainant further alleged that he could not find mention / details of any patient in the name of Ms. Ranjeeta (referred by Dr. Geeta) in all of the 74 entries of ultrasounds conducted/performed in Dev Bhumi Medical Centre of accused in March 2014, however signatures appearing in the ultrasound report dated 11.3.2014 of Ms. Ranjeeta and monthly report on ultrasonogrpahy registered centre wise of march 2014 are one and the same.

4. In nutshell, complainant alleged that ac