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2015 Supreme(P&H) 1114

RAMESHWAR SINGH MALIK
Ashok Kashyap – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Mr. R.S. Rai, Senior Advocate with Mr. Dilpreet Singh, Advocate.
For the Respondent: Mr. Ashish Yadav, Addl. AG, Haryana.

JUDGMENT

Mr. Rameshwar Singh Malik, J. (Oral):- Petitioner seeks bail pending trial in FIR No.288 dated 05.07.2015 under Sections 3, 4, 5, 6, 23 and Rule 9(4) of Pre-conception and Pre-Natal Diagnostic Techniques Act, 1996 (‘PNDT Act’ for short), registered at Police Station Indri, District Karnal.

2. Learned Senior Counsel for the petitioner places reliance on two judgments of this Court in Dr. Preetinder Kaur and others Vs. State of Punjab and others, 2010 (2) RCR (Civil) 211 and Dr. Tejinder Pal Singh Multani Vs. State of Punjab and another, 2015 (2) RCR (Crl.) 399 to contend that the FIR could not have been registered because as per the provisions of Section 28 of PNDT Act, only a complaint could have been filed by the competent authority. He further submits that the present FIR was lodged against the petitioner because of some extraneous considerations. He prays for allowing the present petition.

3. On the other hand, learned counsel for the State submits that registration of FIR is nowhere barred under Section 28 of the PNDT Act. He further submits that the competent authority is already in the process of filing the complaint under Section 28 of the PNDT Act against the petiti





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