The main legal point established in the judgment is the interpretation of the legal provisions under the PC and PNDT Act and MTP Act, and the determination of the maintainability of the complaint by CMHO.

RAJENDRA MAHAJAN, J.

1. The petitioner has filed this petition under Section 482 of the Cr.P.C. being aggrieved by and dissatisfied with the order dated 20/06/2016 passed by the Fourth Additional Sessions Judge Gwalior in Criminal Revision No. 600210/2016, whereby the learned Revisional Judge has affirmed the order of framing of charges dated 12.04.2016 passed by the Additional Chief Judicial Magistrate Gwalior in Criminal Case No. 5622/2009 dismissing the revision filed by the petitioner under Section 397 of the Cr.P.C. Vide the order of framing of charges, the learned ACJM has framed the charges against the petitioner for the offences punishable under Rule 18(X) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (for short the "PC and PNDT Rules") read with 23 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short the "PC and PNDT Act") and Sections 3(2) and 4 read with 5(3) of the Medical Termination of Pregnancy Act, 1971 (for short the "MTP Act"). The facts which are necessary for the disposal of the petition are given below:-

(2.1) The Chief Medical and Health Officer (for short the "CMHO") Gwalior filed a written complaint in the Court of Chief Judicial Magistrate Gwalior for the prosecution of the petitioner. In the complaint, it is stated that as per the Notification No. F10-83/2001/seventeen/MED-2 dated 04.04.2007 issued by the Department of Public Health and Family Welfare of the Government of Madhya Pradesh, the District Magistrate Gwalior is an Appropriate Authority under the territory of revenue district Gwalior as per the provisions of Section 17(2) of the PC and PNDT Act. It is also stated that vide the circular letter No. 3/2008/1429 dated 09.07.2008 issued by the said department if any person who provides information regarding the sex selection of the foetus of any woman and termination of the pregnancy of female foetus shall be given a reward, the evidence collected thereof in the course of sting operation shall be acceptable and the statement of a woman, who has played a role of decoy witness, shall be admissible.

(2.2) It is also stated in the complaint that Sudhir Kumar Sharma and decoy witness/customer Jyoti Malik are the members of the Beti Bachao Samiti having its office at 123 Kharkhari Nahar Khaira Nagafgarh, New Delhi. They have submitted a written report to the Appropriate Authority/District Magistrate Gwalior together with a compact disk (for short the "CD") of the sting operation and the affidavit of decoy witness Jyoti Malik stating that petitioner Dr. Smt. Sushma Trivedi runs a nursing home in the name and style of Trivedi Nursing Home at Nai Sadak, Lashkar, Gwalior. In the noon of 04.05.2009, decoy witness Jyoti Malik visited the petitioner's nursing home on the pretext of getting treatment of her abdominal pain. At that time, in the course of conversation she told the petitioner that her sister Smt. Soniya Malik has got two daughters. As per her sex selection report dated 02.04.2009, she has been carrying a female foetus of three months in her womb. She wants to get the foetus aborted being a female. The Petitioner agreed to do her abortion. Thereupon, she inquired from the petitioner regarding her charges. The petitioner told her that the approximate charges would be Rs. 4,000/- (four thousand). The petitioner took from her Rs. 500/- (five hundred) as advance. On the sly, she (Jyoti Malik) recorded audio and video conversation which had been held between her and the petitioner.

(2.3) It is also stated in the complaint that having viewed the CD, it is decided that there is sufficient evidence for the prosecution of the petitioner. Later, the Appropriate Authority got the show-cause notice dated 07.05.2009 served upon the petitioner. Upon the request of the petitioner on 13.05.2009, she was shown the CD in the presence of the Advisory Committee. On the basis of the aforesaid facts, the p