Advocates:
['SHAMBHOO SINGH', '', 'VIKRAM SINGH', 'HITENDRA SINGH', 'BHARAT SINGH', 'PP']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 3050 / 2017

Dr. J.B. Sompura, Gayatri Maternity and Nursing Home, Upasana

Complex, Opp. ST Stand, Modasa, Gujrat

----Petitioner

Versus

State of Rajasthan

----Respondent

_____________________________________________________

For Petitioner(s) : Mr. Shambhoo Singh

For Respondent(s) : Mr. Vikram Rajpurohit, PP

_____________________________________________________

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

13/10/2017

1.

Petitioner has preferred this criminal misc. petition aggrieved

by order dated 14.06.2017 passed by Chief Judicial Magistrate,

Banswara, whereby the application filed by the petitioner under

Sections 451 & 457 of Cr.P.C. for releasing sonography machine on

supurdaginama was rejected and against order dated 31.08.2017

passed by Sessions Judge, Banswara, where by the revision filed

by the petitioner was dismissed.

2.

It is contended by counsel for the petitioner that the

sonography machine is not required during trial. Petitioner is

having a registered clinic and has a right to keep a sonography

machine. Non release of the sonography machine is causing

irreparable loss to him. It is also contended that even the trial

Court in certain cases have released the sonography machine

(2 of 3)

[CRLMP-3050/2017]

which order has not been challenged by the State.

3.

Counsel for the petitioner has placed reliance on S.B.

Criminal Misc. Petition No.3148/2017 “Rajkiran vs. State of

Rajasthan” decided by Rajasthan High Court on 19.09.2017 and

judgment of Apex Court in “Sunderbhai Ambalal Desai vs.

State of Gujarat” AIR 2003 Supreme Court 638.

4.

Learned Public Prosecutor has vehemently opposed the misc.

petition. His contention is that the petitioner was caught

conducting sex determination after obtaining Rs.20,000/-. The

machine would be required during trial.

5.

It is also contended that Division Bench of Rajasthan High

Court in “S.K. Gupta vs/ Union of India & Ors.” D.B. Civil Writ

Petition (PIL) No.3270/2012 vide order dated 15.04.2015 has

restrained the Court from releasing the machine if they are

involved in sex determination.

6.

With regard to the sonography machine which has been

released, it is contended that the State did not object to such

release as the machines therein, were not involved in sex-

determination.

7.

I have considered the contentions.

8.

Petitioner’s sonography machine was seized by the

Department as the petitioner was found conducting sex

determination. Amount of Rs.20,000/- was also seized at that

relevant time. The Court below considering the same has rejected

the application filed under Section 451 & 457 Cr.P.C. Petitioner has

already availed of the remedy of first revision, the second revision

(3 of 3)

[CRLMP-3050/2017]

being barred. This is not an exceptional case so as to invoke the

inherent powers of the Court under Section 482 Cr.P.C.

9.

Consequently, the criminal misc. petition is dismissed.

(PANKAJ BHANDARI)J.

Arti/76