RAJ KUMARI BADWANI Vs. COLLECTOR, EX

JUDGEMENT

(1.) Challenge in this petition is to the order dated 25.06.2015 passed by the First Additional Sessions Judge, Raipur in Criminal Revision No. 160/2015 whereby while rejecting the revision, the sessions Judge has affirmed the order dated 04.03.2015 passed by the Special Railway Magistrate Raipur ordering for registration of a complaint against the petitioner for violation of the provisions of The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act (hereinafter referred to as 'the PCPNDT Act').

(2.) The facts in brief is that the Deputy Collector, Raipur, on 04.03.2015 filed a complaint before the court of Judicial Magistrate First Class, Raipur under Sec. 28 of the PCPNDT Act alleging that she had accompanied NINC Team who had come from Delhi for inspecting the Sonography Centers at Raipur. In the course on 22.12.2014, Bombay Diagnostic centre belonging to the petitioner was inspected and in the course of inspection, the team found the petitioners to have violated the provisions of Sec. 4(3)(v) of the PCPNDT Act to the extent that the records available at the centre were not in the proper format as is required under the Act and the records also did not bear the signatures of the Doctor and further the records were also incomplete, therefore, bringing the case to be one of having committed violation of provisions of Sec. 4(3)(v) read with Rules 9(4) and 10(1)A of the PCPNDT Act.

(3.) On receipt of the said complaint, the Magistrate vide order dated 04.03.2015 ordered for registration of the complaint and have ordered for issuance of notice to the petitioner seeking her presence before the court.