J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Writ Petition under Article 226 of the Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as „CrPC‟) has been filed by the Petitioners for quashing of the FIR No. 0566/2017 under Sections 25/26/27 of Pre-Conception & Pre Natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994, (henceforth referred to as the “PC&PNDT Act‟) dated 23.12.2017 registered at Police Station Hari Nagar, Delhi and all the proceedings emanating therefrom.

2. Briefly stated, the Petitioner No.1, M/s Dr. Randhawa Ultrasonography Imaging and Research Institute submitted that, it is governed by the provisions of PC-PNDT Act in regard to issues of pregnancy, Prohibition of Sex Selection, Ultrasonography. It is recognized by M/s Jefferson Institute Philadelphia, Pennsylvania, USA, which maintains a very high standard in recognizing any Institute and providing continued recognition. There is a constant regular submission of Reports and

Inspection by M/s Jefferson Institute, to enable its recognized Institutes to continue to maintain the standards. No fault was found in the highest standard set up by the Petitioner No. 1, in meeting the standards prescribed by M/s Jefferson Institute.

3. It is submitted that the Petitioner No. 1-Institute was opened in the year 2000 and is imparting Training since then. In the last 17 years, it has trained about 4,000 Doctors in conducting Ultrasonography/Imaging and there has never been a single Complaint in the past. The Institute is properly secured by CCTV Cameras and all the recordings are stored in the Hard Disk of the CCTV-DVR. In addition to provide security, the CCTV Footage can also be used to find out any illegality/non-compliance of provisions of PC-PNDT Act by the Respondent Authority.

4. Originally, the Appropriate Authority under PC&PNDT Act for the Petitioner No.1, was District Magistrate, West. However, w.e.f. 26.09.2016, the Appropriate Authority was changed to District Magistrate (South-West District). An Official Communication to this effect was received by the Petitioner through e-mail 30.11.2016 and the Petitioners had been complying with all the formalities with the Appropriate Authority. Not only this, District Magistrate (South West District), in exercise of the powers conferred under PC-PNDT Act, has also conducted inspections of the Clinic of the Petitioners. The Petitioner No.1 - Institute sent intimation Letters to CDMO, District Appropriate Authority, South-West District, Dwarka regarding change, use and installation of ultrasound/sonography machines by the Petitioner No. 1 Institute, which was duly received by it.

5. The Petitioner No.1-has intimated the DAA, South West seven days prior to the date of usage of the demo ultrasound machine Sono Scape, in terms of Office Order dated 28.06.2016. Further, this Court in W.P.(C) No. 4009/2012 had also directed that seven days prior intimation to DAA is mandatory in case of change of machine, in its Order dated 27.07.2012.

6. The Petitioner has asserted that there is no allegation against the Petitioner that it had not submitted the various Returns required to be submitted to DAA.

7. The Appropriate Authority District Magistrate (South West District) conducted routine Inspections at the premises of the Petitioner on 28.03.2017 and 31.10.2017 and found everything in order.

8. On 21.12.2017, officials of the Office of District Magistrate (West District) inspected the premises of the Petitioner. Though he protested as it was not the Appropriate Authority, but by use of brutal force, the Respondent No. 2 conducted the Inspection and checked all the Records of the Petitioner Institute. They stayed in the premises for about five hours and illegally took away all the Records. No Seizure Memo/document was issued by Respondent No. 2 to the Petitioner while taking away the documents. The Respondent Authority also illegally took away the DVR of