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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
BRIJ RAJ SINGH
Gayatri Nanjundappa @ Dr. Gayatri Singh – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
BRIJ RAJ SINGH, J.
1. The present application has been filed seeking setting aside the order dated 13.06.2024 passed by the Chief Judicial Magistrate, Lucknow in Complaint Case No.9713 of 2008, Dr. A.K. Chaudhary Vs Dr. Gayatri Singh and another , under Section 23 of Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (hereinafter referred to as the “Act, 1994”), Police Station Bakshi Ka Talab, District Lucknow, whereby the application for discharge preferred by the applicant was rejected and further the order dated 18.11.2025 passed by the Special Judge, Prevention of Corruption Act, Court No.7, Lucknow in Criminal Revision No.517 of 2024, Dr. Gayatri Singh Vs. The State of U.P. and another, whereby the revision filed by the applicant was dismissed.
2. The facts, in nut shell, are that a complaint was filed by opposite party no.2 under Section 23 of the Act, 1994 at Police Station Bakshi Ka Talab, District Lucknow on 18.11.2008, which was registered as Complaint Case No.9713 of 2008 before the Magistrate, whereupon the Magistrate took cognizance on 20.11.2008 and thereafter summon was issued against the applicant. The applicant surrendered and was enlarged on bai
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Complaints under PNDT Act invalid if not filed by a required three-member authority.
Cognizance of offences under the PC & PNDT Act requires a complaint from the appropriate authority, and failure to comply renders the proceedings void.
Jurisdiction of the court to take cognizance of offences under the Act is limited to complaints made by the appropriate authority as defined by the Act.
The court upheld the validity of a notification designating the Appropriate Authority as a Police Station, affirming that it aids in implementing the Pre-conception and Pre-Natal Diagnostic Technique....
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.
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