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SUBHASH CHAND
Kusum Prasad – Appellant
Versus
State of Jharkhand – Respondent
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. Sa
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....
Important Points – (1) Court cannot conduct mini trial at the time of framing charge.(2) Doing prohibited sex determination test – Examining women patient through ultrasound procedure and not maintai....
Complaints under PNDT Act invalid if not filed by a required three-member authority.
The Pre-Conception and Pre-Natal Diagnostic Techniques Act permits complaints by authorized officers; complaints are valid if the appropriate authority delegates power according to statute without ne....
(1) Sex determination test – Summoning order – It is mandatory for person conducting Ultrasonography on a pregnant woman to keep complete record relating to Ultrasonography in clinic – Determination ....
Seizer of Sonography machine - Civil Surgeon is appropriate authority. Now, as per the amendment, Civil Surgeon can authorize any surgeon to carry out inspection.
Cognizance of offences under the PC & PNDT Act requires a complaint from the appropriate authority, and failure to comply renders the proceedings void.
Strict compliance with the provisions of the PCPNDT Act is essential to prevent sex determination and female foeticide, and non-compliance cannot be excused as a clerical error.
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