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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

1. CRM-M-5955-2022 (O&M)

Renu Deswal ...Petitioner Versus State of Haryana and others ...Respondents

2. CRM-M-65066-2023 (O&M)

Dr. Vinit Gupta ...Petitioner Versus State of Haryana and others ...Respondents Sr. No. Particulars Details 1 The date when the judgment is reserved 02.09.2026 2 The date when the judgment is pronounced 15.09.2026 3 The date when the judgment is uploaded on the website 15.09.2026 Whether only operative part of the judgment is pronounced or full

4 Full judgment is pronounced The delay, if any, of the pronouncement of full judgment, and Not

5 reasons thereof applicable CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. Ravinder Rana, Advocate for the petitioner in CRM-M-5955-2022.

Mr. Amitabh Tewari, Advocate for the petitioner in CRM-M-65066-2023.

Mr. Apoorv Garg, Additional Advocate General, Haryana.

MANISHA BATRA, J.

1. As both these petitions arise out of the same Criminal Complaint bearing No. 295 of 2015, emanate from the same inspection conducted on

20.01.2014 at M/s Shri Balaji Imaging & Pathology Centre Pvt. Ltd., Bahadurgarh, and involve common questions of law and fact, the same are being taken up and decided together by this common order.

2. Through the instant petitions, filed under Section 482 of Cr.P.C., the petitioners seek quashing of Criminal Complaint No. 295 of 2015 titled District Appropriate Authority, PC & PNDT, Jhajjar v. Renu Deswal and others, dated 07.05.2015, filed under Section 28 of the Pre-Conception and Pre- Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, ‘the Act’), pending before the Court of learned Judicial Magistrate First Class, Bahadurgarh, along with the consequential proceedings and summoning order dated 19.03.2021, whereby the petitioners have been summoned to face trial for commission of offences punishable under Sections 4, 5 and 6 read with Section 23 and Section 29 read with Rules 9 and 10 of the PC&PNDT Rules, 1996.

3. The facts, as set out in the impugned complaint, are that M/s Shri Balaji Imaging & Pathology Centre Pvt. Ltd., Bahadurgarh, was registered under the PC&PNDT Act for conducting ultrasound examinations. On 20.01.2014, at about 11:30 a.m., on receipt of secret information, the District Appropriate Authority constituted a team comprising Dr. Kumud Sharma, Nodal Officer under the PC&PNDT Act-cum-Deputy Civil Surgeon, Jhajjar, Dr. Madhulika, Dr. Nisha, Dr. Amit Kant, Shri Rakesh Dahiya and Kumari Ganga Devi for inspection of the Centre. As per the allegations, Dr. Kumud Sharma had been authorised to exercise the powers and act as Nodal Officer for inspecting ultrasound centres and taking appropriate action in case of contravention of the mandatory provisions of the Act. During raid, petitioner Renu Deswal, Director of the Centre, was found present at the centre, whereas Dr. Mahesh Chander Mishra was not present. During the inspection, the team obtained a printout from the ultrasound machine showing 479 ultrasounds conducted by the Centre. The complaint alleges that Renu Deswal did not produce the record of the last two years, which was stated to be mandatory under Rule 9(6) of the Rules. The record register was then inspected and deficiencies were noticed, including absence of signatures of the radiologist against certain entries, absence of the names of spouse/husband against various entries, lack of page numbering and non-mentioning of the date of the first report of the patient referred to the ultrasound centre.

4. It is further alleged in the complaint that 40 Form-Fs and referral slips were found to have various deficiencies. Some Form-Fs/referral slips were not signed by the doctor, the full name and address of the doctor were not mentioned and in certain cases, the ultrasound report was signed by Dr. Mahesh Chander Mishra though the ultrasound was stated to have been conducted by Dr. Vinit Gupta-petitioner. One of th