ORDER :

Criminal Petition No.15649 of 2014 is filed on behalf of Accused Nos.2, 3 and 11 and Criminal Petition No.15793 of 2014 is filed on behalf of Accused Nos.4 to 8 and 12, both under Section 482 of Cr.P.C. seeking the Court to quash the proceedings that are initiated against them through C.C.No.1783 of 2014, which stood pending on the file of the Court of III Additional Chief Metropolitan Magistrate, Hyderabad.

2. Heard the submission of the learned counsel, who is appearing for the petitioners in both the Criminal Petitions and the learned Assistant Public Prosecutor appearing for respondent Nos.1 and 2. Gave anxious and due consideration to their submissions and also the contents of the decisions that are relied upon by learned counsel for the petitioners.

3. The District Appropriate Authority, represented by the District Medical and Health Officer, Hyderabad, lodged a complaint against the petitioners in both the Criminal Petitions and 3 others i.e. Apollo Hospital, Jubilee Hills, Hyderabad, Dr. Vineeth and Dr. Ritesh, who are arrayed as Accused Nos.1, 9 and 10, respectively, alleging that they have committed offence punishable under Section 23 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter be referred as “PNDT Act” for brevity). The said complaint was taken on file and thereby criminal proceedings were set into motion. Aggrieved by the same, the petitioners herein have approached this Court seeking to quash those proceedings.

4. Thus, in the light of the above factual scenario, the point that emerges for consideration is :

Whether there exist any justifiable grounds to quash the proceedings that are initiated against the petitioners through C.C.No.1783 of 2014 pending on the file of the Court of III Additional Chief Metropolitan Magistrate, Hyderabad.

5. Shorn of details, the facts, as narrated in the complaint, are that the National Inspection and Monitoring Committee along with the State Appropriate Authority inspected Apollo Hospital, Jubilee Hills, Hyderabad, on 16.03.2012. During the course of inspection, procedural violations in carrying out the activities through machines and improper maintenance of Registers was noticed. Further, the Certificate of Registration was found expired by 28.01.2012 itself. Therefore, the team of National Inspection and Monitoring Committee made certain recommendations, including seizure of machines and confiscation thereon. It further recommended initiation of legal action against all concerned by filing a case, cancellation of registration etc. On that, ultra sound scan machines, which are three in number, were seized. However, basing on the representation made, the said machines and other machines, totalling 11 in number, were given interim custody. Thus, Apollo Hospital, which is arrayed as Accused No.1, and other Accused i.e. the petitioners herein and Accused Nos.9 and 10, who are Consultant Gynaecologists, and who have been handling the pre-natal diagnostic procedures in Accused No.1 – Hospital are jointly and severally liable for punishment under the provisions of the PNDT Act.

6. Learned counsel for the petitioners, taking this Court to the intricacies involved in various provisions of the PNDT Act, contended that the petitioners are not Consultant Gynaecologists, as narrated in the complaint, but they are all Radiologists and they have nothing to do with the registration certificates to be obtained and likewise they are not concerned with the contents of the registers, but they were illegally put to hardship and as they have not committed any offence, they approached this Court seeking to quash the proceedings that are initiated against them.

7. Per contra, the learned Assistant Public Prosecutor submitted that the petitioners were engaged by Accused No.1 - Hospital to work under it and though they are Radiologists, as submitted by learned counsel for the petitioners, they were maintaining the Department of Gynaecolo