Advocates Appeared:
For the Applicant : Syed Mohammad Abbas Abdy.

The legal document emphasizes that under the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, the investigation and filing of complaints are restricted to the Appropriate Authority or officers authorized by it. The Act explicitly bars police investigation and involvement in such cases, establishing a regulatory framework where only designated authorities can conduct investigations, seize records, and file complaints or initiate proceedings (!) (!) (!) .

Furthermore, the Act mandates that cognizance of offences can only be taken by courts upon a complaint made by the Appropriate Authority or an officer authorized by it. The registration of FIRs by police, based on information or investigation, is generally not permissible unless it is in accordance with the procedures prescribed by the Act and the Rules, which emphasize that investigations should primarily be carried out by the Appropriate Authority (!) (!) (!) .

The scheme and objectives of the Act are aimed at preventing female foeticide by regulating the use of pre-natal diagnostic techniques, prohibiting sex determination, and ensuring that investigations are conducted by specialized authorities with the requisite knowledge and expertise. The Act also prescribes specific procedures for search, seizure, and investigation, which involve the Appropriate Authority and prohibit police involvement unless absolutely necessary and authorized (!) (!) (!) .

In addition, the document highlights that any investigation or proceedings initiated by unauthorized persons, such as police officers or individuals not authorized under the Act, are illegal and liable to be quashed. The law clearly states that only the Appropriate Authority or officers authorized by it can investigate offences and file complaints, ensuring that the enforcement remains within a specialized and regulated framework (!) (!) (!) .

Finally, the document underscores that the powers of investigation, search, seizure, and filing of complaints are governed by the Act and its Rules, which form a complete code in themselves. These provisions are designed to prevent misuse, ensure proper procedural compliance, and safeguard the rights of individuals involved. The law also emphasizes that judicial intervention to quash proceedings should only occur when there is a clear violation of statutory procedures or lack of authority, and not merely on technical or procedural grounds (!) (!) (!) .

In summary, the legal framework strictly limits investigation and prosecution under the PC & PNDT Act to designated authorities, prohibits police investigation unless explicitly authorized, and mandates that courts can only take cognizance of offences upon a complaint made by the authorized authorities, thereby maintaining the integrity and purpose of the Act.