THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA

ORDER:

This criminal petition is filed seeking to quash the proceedings against the petitioner-accused No.1 in CC No.229 of 2025 on the file of the Judicial Magistrate of First Class, at Kamareddy, for the offences under Sections 312, 317, 420 read with 34 IPC and Sections 80, 81, 87 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short ‘Juvenile Justice Act’) and Sections 22, 23, 24 if the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (for short ‘PCPNDT Act’).

2. Heard Mr. Rapolu Abhinav, learned representing Sri Rapolu Bhaskar, learned counsel on record for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State.

3. Learned counsel for the petitioner has submitted that the petitioner herein performed his duty in good faith, but is not concerned with the allegations levelled against him. He further submitted that the petitioner established a Hospital in the name and style of ‘Samanivtha Hospital’ and has performed delivery of one Lavanya, who delivered a baby girl, but for that he has not committed any other offence. He further emphasised that ingredients of Sections 312, 317 and 420 IPC or 22, 23 and 24 of PCPNDT Act does not apply against the petitioner and hence, prayed to quash the proceedings against him.

4. Learned Additional Public Prosecutor has submitted that the recitals of the charge sheet point out the allegations against the petitioner and the statements of the witnesses make out that in collusion with the other authorities in the hospital, he has been conducting Pre-Natal Diagnostic Techniques (PNDT) Test and a person, by name, Lavanya delivered a baby girl, and he handed over that baby girl to some other person in connivance with the other accused and therefore, prayed to dismiss the petition.

5. Perused the record.

6. A perusal of the charge sheet and the statements of the witnesses point out that the petitioner herein is accused No.1, who is a Government Medical Officer and that he is alleged to have established the hospital in the name of Samanvitha Hospital and Fertility Centre. He has been running the PNDT Test machines, one of which has Government permission, while the second machine does not. As per the permission, the name of the Centre is also altered. Thus, there are serious allegations against the petitioner herein hence, the same cannot be quashed. However, the attendance of the petitioner can be dispensed with before the trial court.

7. Accordingly, the Criminal Petition is disposed of dispensing with the attendance of the petitioner before the trial court, provided he is represented by a counsel before the trial court on every date of hearing and shall attend the trial court as and when his presence is required during the course of trial.

Miscellaneous Petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA November 11, 2025 KTL