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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JASJIT SINGH BEDI
Kamboj Ultrasound And Diagnostic Pvt. Ltd. – Appellant
Versus
State Of Haiyana – Respondent
JUDGMENT :
Jasjit Singh Bedi, J.
The present revision petition has been filed impugning the judgment dated 09.08.2008 passed by Sessions Judge, Hisar, whereby the appeal filed against the judgment of conviction and order of sentence dated 09/10.01.2008 passed by the Chief Judicial Magistrate, Hisar, has been partly accepted with modification.
2. The complaint in the present case came to be instituted on 21.12.2006. The judgment of conviction and order of sentence was passed on 09/10.01.2008 by the Chief Judicial Magistrate, Hisar. The Appeal filed against the judgment of conviction and order of sentence was partly accepted with modification on 09.08.2008. The instant revision petition was filed on 12.08.2008 and has come up for final hearing now i.e. after a period of 19 years from the date of institution of the FIR.
3. The brief facts are that the complaint was filed on behalf of the State of Haryana through the District Appropriate Authority-cum-Civil Surgeon, Hisar who was stated to have been appointed as the District Appropriate Authority under Section 17 (2) of the Pre-Conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter to be refer
Complaints under PNDT Act invalid if not filed by a required three-member authority.
Important Points – (1) Court cannot conduct mini trial at the time of framing charge.(2) Doing prohibited sex determination test – Examining women patient through ultrasound procedure and not maintai....
The court affirmed that complaints under the PC & PNDT Act must be filed by designated authorities and that sufficient grounds are required for trial without conducting a full evidentiary examination....
The Pre-Conception and Pre-Natal Diagnostic Techniques Act permits complaints by authorized officers; complaints are valid if the appropriate authority delegates power according to statute without ne....
(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 PC & PNDT Act requires a complaint from the appropriate authority, and failure to comply renders the proceedings void.
Procedural safeguards must be strictly adhered to in actions taken under the PCPNDT Act as arbitrary actions undermine the statutory framework.
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