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N. S. SHEKHAWAT
Narender Duhan – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. N.S.Shekhawat, J. (Oral)
The petitioner has filed the instant petition under Section 4 38 of the Cr.P.C. with a prayer to grant a anticipatory bail to him in case FIR No.574 dated 21.08.2023 registered under Sections 3 , 4. 5, 6. 18, 23 and 29 of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse), Act, 1994 (hereinafter to be referred as the PC and PNDT Act), Section 3 4 of National Medical Commission Act, 2019 and Sections 4 20 and 120B IPC registered at Police Station Assandh, District Karnal.
2. The FIR in the present case was registered on the basis of complaint moved by the Deputy Civil Surgeon (PC and PNDT) Karnal. As per the complainant, for the past few days, the Civil Surgeon, Karnal, was receiving some secret information that the illegal sex determination was being conducted in his area. In view of this, the Chairperson, District Appropriate Authority-cum-Civil Surgeon, Karnal arranged one pregnant decoy customer Ms. Mafi wife of Manjit Singh and Dr. Sandeep, RMP was contacted through a social worker, who demanded a sum of Rs. 20,000/- for determination sex through ultra sound and the date for ultra sound was fixed after one week. On 21.0
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....
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.
(1) Bail application – In non-bailable cases, primary factors court must consider while exercising discretion to grant bail are nature and gravity of offence, its impact on society and whether there ....
The court's decision on granting anticipatory bail was based on the lack of clear evidence establishing the petitioner's role and the fact that the co-accused had already been granted regular bail.
The court considered the role attributed to the petitioner and the grant of bail to a similarly placed co-accused as key factors in allowing the bail application.
The main legal point established is that while the police can investigate offenses under the PNDT Act, court cognizance can only be based on a complaint by the Appropriate Authority, as per Section 2....
(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 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....
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