The main legal point established in the judgment is that the police have the authority to investigate cognizable offences under the Pre Conception and Pre-natal Diagnostic Techniques Act, 1994.

JUDGMENT :

(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and to quash the First Information Report in Crime No.163 of 2018 on the file of the Inspector of Police, Attur Police Station, Salem District as against the petitioner and pass order.)

1. The accused in Crime No.163/2018, seeks quash of the F.I.R. registered against her on the ground that Pre Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 hereinafter called as the “Act”, excludes investigation by the Police under Chapter XII of Cr.P.C. No Court can take cognizance of offence under this Act except on a complaint in writing filed by Appropriate Authority authorised by the Central Government or the State Government as the case may be. Therefore, the 1st Respondent who has registered the F.I.R on the complaint given by the 2nd respondent, cannot investigate and file final report, when he is not authorised to file complaint as per Section 28 of the Act.

2. The F.I.R impugned is based on the information dated 19/04/2018 given by Blood Bank Manager, Medical Officer (In-charge), Government Hospital, Attur, Salem, to the Inspector of Police, Attur Police Station (the 2nd respondent).

3. The said information reads as below:-

The Director of Medical and Rural Health Service Department at Chennai received a complaint that Dr. Dhamayandhi Rajkumar is conducting sex selection test to the pregnant patients at her hospital by name Shree Mathurra Hospital at Varadharajaulu Street, Attur and informing the patients about the sex of the womb. Consequently, the Officials from the Directorate of Medical and Rural Health Service Department conducted decoy operation. The decoy along with one Satish visited the said Hospital at about 2.30 p.m. The Hospital staff collected Rs.6000/- for the sex selection test and Dr.Dhamayanthi between 2.30 pm and 3.00 p.m conducted scan of the decoy in her room situated at first floor of the hospital. After test, she informed the sex of the child in the womb is 'Male'. Thereafter, on intimation from the decoy witness Satish, the team Headed by the Medical Officer (in-charge), Government Hospital, Attur inspected the Hospital and found a Assembled Scan Machine (China made), without any license for the Government and a Laptop given under the Chief Minister Scheme (free of cost to the students) and a scan machine – Probe was noticed. Pregnant ladies in the room of Dr.Dhamayandhi informed them they are waiting for the sex selection test. The statements of those ladies were recorded. The marked currency of Rs.6,000/- used for the decoy operation was recovered in the presence of witnesses.

4. The seized materials along with the above written complaint was produced before the 1st respondent police for action under Sections 23 of the Act. The 1st respondent registered F.I.R in Crime No.163/2018. Forwarded the copy of the complaint and F.I.R to the Judicial Magistrate-I, Attur and took up the investigation. Arrested Dr. Dhamayandhi Rajkumar and produced her before the Judicial Magistrate and sought for remand. Accordingly, she was remanded to judicial custody and later released on bail.

5. The above said action of the first respondent police, viz., registering the F.I.R and taking up the investigation is under challenge in this quash petition on the ground extracted in the introduction part of this order.

6. The PCPNDT Act, was enacted with the object of curbing the menace of female foeticide by abusing the pre natal diagnostic techniques. It prohibits use of diagnostic techniques except for the deducting genetic abnormalities or metabolic disorders or chromosomal abnormality or certain congenital malformations or sex – linked disorders. It specifically prohibits misuse of the technique to find the sex of the child in womb and communicate to the pregnant woman or her relatives or any other persons the sex of the foetus by words, signs or in any other manner. (Section 5(2) of the Act)