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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA
Katta Nanda Kishore – Appellant
Versus
state of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings against the petitioner/accused No.1 in C.C.No.634 of 2019 on the file of the learned XV Judicial Magistrate of First Class, Ibrahimpatnam, Ranga Reddy District, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860 (for short ‘I.P.C.’) and Section 23 of the Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994 (for short ‘the Act’).
2. The brief facts of the case are that respondent No.2- Police on receipt of credible information that a prenatal sex determine test was conducting illegally on pregnant ladies at Prathyusha Scanning Center, by violating the Government rules and regulations, he along with his staff conducted Decoy operation by sending one woman constable into the scanning center. The petitioner conducted prenatal sex determine test to the said woman constable and issued report to her by disclosing the gender of the baby. Later, the said woman constable came outside and informed the same to the superior officers. On receipt of the said information, the superiors rushed to the spot an
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.
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 PC & PNDT Act requires a complaint from the appropriate authority, and failure to comply renders the proceedings void.
Competence of the authority to file FIRs under the P.C.P.N.D.T. Act and applicability of previous judgments.
The court upheld the prima facie evidence against one petitioner under the PCPNDT Act while dismissing the complaint against the other due to lack of incriminating evidence.
The main legal point established is that while the police can investigate offenses under the PNDT Act, court cognizance can only be based on a complaint by the Appropriate Authority, as per Section 2....
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....
The Pre-Conception and Pre-Natal Diagnostic Techniques Act permits complaints by authorized officers; complaints are valid if the appropriate authority delegates power according to statute without ne....
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