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2019 Supreme(SC) 762

R.BANUMATHI, A.S.BOPANNA
STATE OF ORISSA – Appellant
Versus
MAMATA SAHOO – Respondent


Advocates Appeared:
For the Petitioner(s):Ms. Anindita Pujari, Ms. Aarti Krupa Kumar, Mr. Om Naryan, Advocates
For the Respondent(s):Mr. Manish Mohan, Mr. Merusagar Samantaray, Advocates

JUDGMENT

BANUMATHI, J.:

Leave granted.

(2) This appeal arises out of judgment and order dated 29.06.2017 passed by the High Court of Orissa, Cuttack, in CRLMC No.4845 of 2014 in and by which the High Court has quashed the summoning order issued against the respondents and also the complaint filed against them under Sections 23 and 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, “PC and PNDT Act”).

(3) Briefly stated case of the prosecution is that on 28.05.2014 at 11:00 a.m., a joint inspection was conducted by the State and District team, Dhenkanal, in Ultrasound Unit of Shri Jagannath Hospital. It was found that the respondents had violated the provisions under Sections 3(2), 5 and 29 of the PC and PNDT Act which is punishable under Sections 23 and 25 of the said Act. For violation of PC and PNDT Act and Rule, the authorized officer of the Collector-cum-District Appropriate Authority, Dhenkanal, seized the ultrasound machine and other equipments from the said clinic. For such violation, the registration of ultrasound clinic of the respondents has been suspended vide order of the Collector dated 18.06.2014. A complain












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