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2022 Supreme(Mad) 573

G.JAYACHANDRAN
Dhamayanthi Rajkumar – Appellant
Versus
State Rep. , by Inspector of Police, Salem – Respondent


Advocates Appeared:
For the Petitioner:K.R. Ramesh Kumar, Advocate.
For the Respondents:R1, N.S. Suganthan, Government Advocate (Crl.Side).

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, A

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