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2014 Supreme(P&H) 1370

DAYA CHAUDHARY
Tejinder Pal Singh Multani – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Appellant :K.S. Dadwal, Advocate
For the Respondents: P.S. Ghuman, Addl. A.G.

Daya Chaudhary, J.

1. The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 78 dated 15.08.2012 under Section 23 of Pre Conception and Pre Natal Diagnostic Techniques Act, 1996 (here-in-after referred to as 'the P.N.D.T. Act') and Maternity Benefit Act, 1961 registered at Police Station Bholath, District Kapurthala as well as all subsequent proceedings arising therefrom. Learned counsel for the petitioner submits that as per Section 17of the P.N.D.T. Act, the Appropriate Authority has been prescribed but none of the Authority has put the Court into motion and as such, in view of provisions of Section 28 of the P.N.D.T. Act, the taking of cognizance of offence under the P.N.D.T. Act is totally contrary to the provisions of the Act. Learned counsel also submits that the Appropriate Authority or authorized officer is to give notice of not less than 15 days in the manner prescribed. The powers to search and seize the record is also provided under Section 30 of the P.N.D.T. Act. The trial Court has not taken into consideration the specific bar contained in Section 28 of the P.N.D.T. Act and by relying upon the judgment in case Dr. Preetinder Kaur and Other































































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