ORDER

1. This Criminal Petition is filed to quash the proceedings against the petitioner/Accused in C.C.No.415 of 2019 on the file of I Additional Judicial First Class Magistrate at Khammam for the offences under Section 420 of IPC and Section 314 r/w 511 of IPC and Sections 3 and 4 of Contravention of Medical Termination of Pregnancy Act, 1971.

2. The 2 nd respondent, who is the District Medical and Health Officer (DMHO) conducted decoy operation having information that this petitioner was a quack indulging in illegal abortions. L.W.5, who was carrying 7th month pregnancy went to the accused as decoy. At that time, video recording was done by the decoy in which the petitioner had conducted ultra sound scan and advised operation.

3. On the basis of the said advise given by this petitioner, which is illegal, criminal complaint was filed by Dy.D.H.M.O and thereafter investigated into by the Sub-Inspector of II Town Police.

4. Learned counsel appearing for the petitioner would submit that the contents of the prosecution case do not disclose any offence under Section 420 or 314 r/w 511 of IPC.

It was in fact a decoy, who approached the petitioner. Even admitting the facts, at most it may amount to an offence under Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 but not the offence under Section 420 of IPC or Section 314 r/w 511 of IPC.

5. On the other hand, learned Additional Public Prosecutor representing the 2nd respondent would submit that the petitioner was running a hospital and conducting illegal operations though he was not qualified as a Doctor.

Accordingly, he was cheating patients for which reason he has to be tried for cheating.

6. To attract an offence under Section 420 of IPC, there has to be misrepresentation, pursuant to which, a person must have been induced. In consequence of such inducement, the person should have delivered the property believing such misrepresentation.

7. In the present case, though there is misrepresentation, it was by the petitioner to the decoy, who had come there with 7 th month pregnancy. Pursuant to such alleged misrepresentation of undertaking to perform operation, there is no other act, which is attributed to the petitioner. The entire act of the decoy meeting the petitioner, the conversation between them and also the tests conducted were video-

graphed.

8. The ingredients of Section 420 of IPC are not made out in the present case. Further, to attract an offence under Section 314 of IPC, death has to be caused of the women to whom an attempt was made to cause miscarriage. There are no such acts which are done by the petitioner and further, there is no death or miscarriage of women. The allegation is one of suggesting operation to the decoy who had come along with others to entrap the petitioner. Such suggestion will not amount an offence under Section 314 r/w 511 of IPC. The offences under Sections 420 and Section 314 r/w 511 of IPC are not made out.

9. In the result, the proceedings against the petitioner/accused under Sections 420 and Section 314 r/w 511 of IPC in C.C.No.415 of 2019 on the file of I Additional Judicial First Class Magistrate at Khammam, are hereby set aside. However, the trial Court shall proceed against the petitioner for violation under Sections 3 & 4 of the Medical Termination of Pregnancy Act, 1971 punishable under Section 5 of the said Act.

10. Accordingly, this Criminal Petition is allowed in part. Consequently, miscellaneous applications, if any, shall stand closed.

_________________ K.SURENDER, J Date: 02.01.2024 kvs THE HON’BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.7660 OF 2019 Dt. 02.01.2024 kvs