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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 01^ST DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE V.SRISHANANDA

WRIT PETITION No.204958/2018 (GM-RES)

BETWEEN:

Dr. N. B. Vjirkar

Age: 50 years, Occ: Medical Practitioner

R/o. C/o. Baba Clinic, Basaveshwar Temple

Complex, R.No.10, Basavana Bagewadi

At: Basavana Bagewadi, Dist: Vijayapur

… Petitioner

(By Sri S. S. Mamadapur, Advocate for

Sri Sanganabasava B. Patil, Advocate)

AND:

1.

The State of Karnataka

Through, the Deputy Commissioner

District Appropriate Authority

Pre-Conception and pre-Natal

Diagnostic Techniques (Prohibition

of Sex Selection (PCPNDT) of Vijayapur

2.

Dr. Gundappa S/o. Sangappa

Age: 56 years, the District Health and

Family Welfare Officer, Vijayapur

Dist: Vijayapur

… Respondents

(By Sri Mallikarjun Sahukar, HCGP for R1;

R2 served)

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This Writ Petition is filed under Articles 226 and 227

of the Constitution of India read with Section 482 of Cr.P.C.

praying to issue a writ, direction or order in the nature of

certiorari by quashing Annexure-B private complaint and

proceedings

of

C.C.No.638/2015

(P.C.R.No.13/2015)

pending on the file of the Court of Senior Civil Judge and

JMFC at Basavana Bagewadi and consequently order of

taking cognizance and issue of process dated 09.11.2015 at

Annexure-C; issue a writ, direction or order which deem fit

under the fact and circumstances of the case and issue an

order

of

stay,

staying

the

further

proceedings

in

C.C.No.638/2015 (PCR No.13/2015) pending on the file of

the Court of Senior Civil Judge and JMFC at Basavana

Bagewadi.

This petition coming on for Preliminary Hearing 'B'

Group, this day, the Court made the following:

O R D E R

This petition under Articles 226 and 227 of the

Constitution of India read with Section 482 of Cr.P.C. is

filed by the accused/petitioner for quashing proceedings

in C.C.No.638/2015 arising out of PCR No.13/2015

pending on the file of Senior Civil Judge and JMFC at

Basavana Bagewadi.

2.

Brief facts, which are necessary for disposal

of this petition are as under:

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State of Karnataka through its functionaries i.e.,

District Appropriate Authority, Pre-Conception and Pre-

Natal

Diagnostic

Techniques

(Prohibition

of

Sex

Selection) (PCPNDT) at Vijayapur and the District

Health and Family Welfare Officer (DHO) at Vijayapur

filed

a

private

complaint/proceedings

in

PCR

No.13/2015, which was subsequently converted to

C.C.No.638/2015 on the file of Senior Civil Judge and

JMFC at Basavana Bagewadi on 09.11.2015 alleging

that petitioner has committed the offences punishable

under Rules 17, 9(8), 9(10), 8(2), 6(2) and 6(5) of the

Pre-Conception and Pre-Natal Diagnostic Techniques

(Prohibition of Sex Selection) Act, 1994. It is further

contended that petitioner is a medical practitioner at

Basavana Bagewadi and is running a nursing home in

the name of Baba Clinic at Basavana Bagewadi. It is

also contended that petitioner is indulged in medical

practice as per law and a false complaint came to be

lodged by the respondents as to the alleged violation of

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aforesaid rules. It is further contended that the learned

Magistrate took cognizance of the offences alleged

against the petitioner and issued process against the

petitioner on 09.11.2015. It is further contended that

though the petitioner is carrying medical profession in

accordance with law, he was shocked and surprised to

notice that a false complaint came to be lodged against

him as he has not violated any law for the time being in

force and the respondents did not have any right to

proceed against the petitioner. He also submitted that

in the case of Dr.Sai W/o. Santosh Shiradkar vs. The

State of Maharashtra and Another in Criminal Writ

Petition No.1381/2015, the High Court of Judicature

at Bombay, Auranagabad Bench in an identical

situation quashed the action ta