Neutral Citation No. - 2024:AHC:159207 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** A.F.R Judgement Reserved on 22.08.2024 Judgement Delivered on 30.09.2024 Court No. - 79 Case :- APPLICATION U/S 482 No. - 6753 of 2019 Applicant :- Dr. Brij Pal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A.

Hon'ble Anish Kumar Gupta,J.

1. Heard Sri S.M.A. Abdy, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the summoning order dated 02.01.2018 as well as the entire proceedings of Criminal Case No. 60 of 2018, arising out of Case Crime No. 0628 of 2017 u/S 315, 511 I.P.C. and under Sections 4/5(2)6(a)/23/25 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred as, 'the PC&PNDT Act'), P.S.- Kotwali Shahar, District- Bulandshahar, pending in the court of learned Chief Judicial Magistrate, Bulandshahar.

BRIEF FACTS

3. The brief facts of the case are that on 14.3.2017, the Tehsildar Khurja, District- Bulandshahar submitted a written report to the police station Kotwali Nagar stating therein that the District Magistrate-Bulandshahar has received information from the secret informer that in Sobha Ram Hospital, the sex identification of the foetus of the pregnant women is being done with the object to prevent the female child being born alive and if any pregnant women is sent as decoy customer then the doctors of the said hospital and the persons associated with the doctor can be caught red handed. On such secret information, the District Appropriate Authority (PC&PNDT), District-Bulandshahar authorised the Tehsildar Khurja to conduct the required proceedings. For the aforesaid purpose, a Special Action Team was constituted by nominating Subhash Singh, Sub- Inspector, P.S.-Kotwali Nagar, District-Bulandshahar along with the Tehsildar.

4. In compliance of the aforesaid order, the said Tehsildar called the said Sub-Inspector along with two constables and one lady constable in plain clothes and the team met at the Kaala aam crossing and in the process the decoy customer, the lady constable Preeti along with her decoy husband, Sanjay Kaushik also came there and were informed by the Tehsildar about the action to be taken. Then the decoy customer, lady constable Preeti consented therefor and then the Tehsildar handed over Rs. 11,000/- (5 x Rs. 2000/- Notes and 2x Rs. 500/- Notes) to the said decoy customer and as per the planning all of them went towards the Sobha Ram Hospital and the decoy customer Preeti and her decoy husband Sanjay were sent to Sobha Ram Hospital for the sex identification of the foetus. After sometime, Sanjay Kaushik came back and told that near the gate of the hospital two persons were standing and when he disclosed the cause of their arrival, those persons informed him that they are known to the doctor and they will get the sex identification of the foetus done through the doctor. Both the aforesaid persons disclosed their name as Kallan and Sanjeev. He further said that these persons disclosed the expense to be incurred in such examination by the doctor and then both of them went to talk to the doctor and a deal for Rs.

9,000/- was fixed as charge for such examination. He further told that out of Rs. 11,000/- given to said Kallan, Rs. 2,000/- were returned and Rs. 9,000/- was given to decoy customer, constable Preeti, who has gone inside for examination by the doctor and the doctor is doing the sex identification of the foetus. Saying so, the said Sanjay Kaushik returned the note of Rs. 2,000/-. On such intimation, the Tehsildar had reason to believe that doctors of Sobha Ram Hospital are conducting the sex identification of foetus by taking the customer through their brokers.

5. On such information, Tehsildar along with his team came near the gate of the hos