MANISH GUPTA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By these two petitions, the petitioners essentially seek quashing of the complaint being CC No.235/G titled as Dr.Aruna Jain Vs. Dr.V.K. Sehdev and Ors. filed by the Appropriate Authority for violation of Rule 4 and Rule 9 of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (in short, 'PC&PNDT Rules') punishable under Sec. 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (in short, 'PC&PNDT Act') and the proceedings pursuant thereto including framing charges against the petitioners. Dr. Manish Gupta also challenges the orders dtd. 1/6/2015 and 15/10/2015 passed by the learned Metropolitan Magistrate framing charge and the learned ASJ dismissing the revision petition respectively.

(2.) One of the principle contention of the petitioners is that the complaint has been filed by a Single Member Authority which is contrary to the requirement of law and an 'Appropriate Authority', as defined under Sec. 17 of the PC&PNDT Act, is required to be necessarily a Three Member Committee who can file a competent complaint. Learned counsels for the petitioners rely upon the decision of the Full Bench of the Punjab and Haryana High Court in the group of petitions titled Dr.Zoni Jain and Others Vs. State of Punjab and Others etc. Crl.Writ Petition No. 977/2016 (O&M) decided on 11/4/2019, wherein the Full Bench upheld the decision of the Division Bench of Punjab and Haryana High Court in Help Welfare Group Society Vs. State of Haryana and others (CWP No. 21565 of 2011) decided on 18/9/2013.

(3.) Contentions of the learned counsels for the petitioners are that after the amendment to Sec. 17 of the PC&PNDT Act, which came into force on 14/2/2003, the 'Appropriate Authority' was required to be a Three Member Committee and since the present complaint has not been filed by competently appointed Three Member Appropriate Authority being a Single Member under Sec. 17(3)(b) of the PC&PNDT Act, the cognizance taken on the complaint is illegal and no trial against the petitioners can proceed.