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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SUJANA
Kathi.Kanakal Reddy – Appellant
Versus
High Court For The State Of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed seeking the Court to quash the proceedings against the petitioners in C.C.No.643 of 2023 on the file of the learned Judicial Magistrate of First Class, Nalgonda, registered for the offences punishable under Sections 120b, 312 and 420 of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 23 of the Pre-Conception and Pre- Natal Diagnostic Techniques Act, 1994 (for short ‘the Act’).
2. The brief facts of the case are that on April 10, 2023, at 6:00 PM, the administrator of Manda Sakhi Center in Nalgali, lodged a complaint at Nalgonda I Town Police Station stating that Kati Vijayendar Reddy Hospital in Sriramnagar Colony, Nalgonda, was involved in illegal sex selection activities for over a year, charging exorbitant fees. The hospital reportedly referred pregnant women to other locations for sex selection. Given Nalgonda's skewed sex ratio since 2010, the complainant requested the Police to take action against the hospital.
3. Heard Sri Srinivas Podicheti, learned counsel appearing on behalf of the petitioners as well as learned Assistant Public Prosecutor appearing on behalf of the respondents.
4. Learned counsel for the petitioners submit
Only the Appropriate Authority can file complaints under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, and failure to comply renders the proceedings invalid.
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.
Cognizance of offences under the PC & PNDT Act requires a complaint from the appropriate authority, and failure to comply renders the proceedings void.
Appointing an Authority under the Act would be the Appropriate Authority or any officer authorized either by the Central Government or by the State Government.
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.
Only authorized officers under the PCPNDT Act can file complaints; lack of authorization renders the complaint invalid.
Cognizance of offences under the Pre-conception and Pre-natal Diagnostic Techniques Act can only be taken on a complaint filed by appropriate authorities, not via FIRs, as per Sections 27 and 28 of t....
Cognizance of an offence under the PNDT Act can only be taken based on a complaint made by the Appropriate Authority, and the court can inquire into or try together the complaint case and the case ar....
The court ruled that only the Appropriate Authority or authorized officers can investigate and file complaints under the PC&PNDT Act, prohibiting police involvement in such cases.
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