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MANJARI NEHRU KAUL
Seema Sethi – Appellant
Versus
District Appropriate Authority (PC & PNDT) – Respondent
JUDGMENT
Mrs. Manjari Nehru Kaul, J.
The petitioners are seeking quashing of Complaint No.51 of 2021 dated 09.07.2021 titled as 'District Appropriate Authority, PC- PNDT, Fatehabad v. Dr. Seema Sethi etc.' under Section 28 read with Sections 3, 5, 6, 23 and 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as 'PCPNDT Act') and Sections 420, 120-B of the IPC along with all subsequent proceedings arising therefrom including order dated 05.08.2022 passed by SDJM, Tohana (Annexure P-2) whereby the petitioners and others have been summoned to face trial.
Submissions of learned counsel for the petitioners
2. Learned counsel appearing for the petitioners submits that the complaint in question (Annexure P-1) as well as the summoning order (Annexure P-2) deserve to be quashed primarily on the following grounds:-
2 (i). that upon a bare reading of the summoning order (Annexure P-2) it is discernible that it had been passed in a mechanical manner without any application of mind by the learned Trial Court. While referring to the ratio of law laid down by Hon'ble the Supreme Court in M/s Pepsi Food Ltd. v. Special Judicia
The court upheld the prima facie evidence against one petitioner under the PCPNDT Act while dismissing the complaint against the other due to lack of incriminating evidence.
The court established that anticipatory bail in cases involving violations of the Pre-Natal Diagnostic Techniques Act is deniable due to the severe societal impact and the necessity for custodial int....
(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 ....
Cognizance of offences under the P.N.D.T. Act requires complaints filed by appropriate authorities; failure to comply renders proceedings invalid, constituting an abuse of process.
Cognizance of an offence under the PNDT Act can only be taken based on a complaint made by the Appropriate Authority, and the court can inquire into or try together the complaint case and the case ar....
The court established that a prima facie case must be supported by specific evidence linking the accused to the alleged offenses, particularly in cases involving serious allegations under the PCPNDT ....
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.
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