The court affirmed that complaints under the PC & PNDT Act must be filed by designated authorities and that sufficient grounds are required for trial without conducting a full evidentiary examination at the discharge stage.

JUDGMENT :

SUBHASH CHAND, J.

1. The instant Cr. Revision is against the order dated 28.11.2022 passed by the learned Addl. Chief Judicial Magistrate, Ranchi in Complaint Case No. 6046 of 2019 whereunder the discharge application of the petitioners has been rejected.

2. The brief facts leading to this Cr. Revision are that the Complaint was filed on behalf of State represented through Dr. Vijay Bihari Prasad, Civil Surgeon cum Chief Medical Officer cum Nodal Officer, PC & PNDT, Ranchi against Dr. Kusum Prasad, Dr. Poonam Pandey, Sri Ravindra Kumar Singh, Staff/Incharge, Smt. Saloni Tudu, Staff/Incharge of R. Jeevan Jyoti Nursing Home, Upper Bazar, Maicky Road, Ranchi wherein the allegations are made that the Complainant Dr. Vijay Bihari Prasad, Civil Surgeon cum Chief Medical Officer, Ranchi is designated as authorized representative District Appropriate Authority, Ranchi under PC & PNDT Act, 1994 vide order No. 1308 dated 02.12.2019. The National Inspection and Monitoring Committee (NIMC) visited Ranchi on 20th September, 2019 for inspection of Ultrasound Clinic, Nursing Home. On 20.09.2019 at 10:10 a.m. the National Inspection and Monitoring Committee (NIMC) comprising therein Dr. Sabu M George, Dr. Sudesh Doshi, Dr. Binod Rath and Mr. Lakshay Malik along with Smt. Mary Markey (Executive Magistrate, Ranchi), Authorized representative of District Appropriate Authority PC & PNDT, Dr. Sudakshana Lala (State Nodal Officer PC&PNDT), Mrs. Rafat Farzama (State PC & PNDT Coordinator), Mr. Diwakar Kumar (State Monitoring and evaluation Coordinator), and Dr. Vijay Bihari Prasad, Civil Surgeon cum Chief Medical Officer, Ranchi had visited the premises of R. Jeevan Jyoti Nursing Home, Upper Bazar, Maicky Road, Ranchi.

3. Smt. Mary Markey, Executive Magistrate, Ranchi (the Authorized representative of the District Appropriate Authority PC & PNDT vide order No. 1055 dated 20.09.2019 for inspection of the premises and NIMC had found following violations of PC& PNDT Act, 1994 & PC & PNDT Rules, 1996 at R. Jeevan Jyoti Nursing Home as under:

(a) ANC register:

In ANC register, total 21 entries were found in the month of August 2019; but Form F’s maintained in the clinic was only 20 for the August 2019 which is violation of Rule 9 & Sec 4(3) (V) of the Act and also on offence U/s 312, 315 and 511 of I.P.C.

(b) Ultrasound Machine Data:

(b) (i) On examining the data of the Ultrasound machine, it was found that total 05 obsteric patients record and image were in the Ultrasound machine of the patients. In ANC register only name of patient Richa Arora was entered and rest of the names of the 4 patients were not shown, which is also violation of Rule 9 (1), (4) & Section 4 (3) (V), 5 and 6 of the PC & PNDT Act and also an offence U/s 312, 315 and 511 of I.P.C.

(b) (ii) Similarly, on 14.09.2019 out of 8 obstetrics records the images of the patients, namely, Sanjana, Khusboo, G. Kamya, Khusboo, Sabita, Pratibha Kumari and Negaris were in Ultrasound machine. But in Form F only Pratibha Kumari was maintained and in ANC register only one entry of Pratibha Kumari was dated 14.09.2019. No entry of the Form F of remaining 07 patients were found which is violation of Rule 9 (1), (4) & Sec 4(3) (V) of the PC & PNDT Act and also an offence U/s 312, 315 and 511 of I.P.C.

(b) (iii) On 11.08.2019 they found the total