DISTRICT APPROPRIATE AUTHORITY Vs. KALPANA VAIDH

JUDGEMENT

(1.) Heard Ms. R.V. Acharya, learned advocate on record for the applicant-original complainant, Mr. Aum M. Kotwal, learned advocate on record for the respondent-original accused and Ms. M.H. Bhatt, learned APP appearing for the respondent-State.

(2.) With consent and request of learned advocates appearing for the respective parties, this application seeking leave to appeal as well as criminal appeal is taken up for final hearing taking into consideration the issue involved.

(3.) The appropriate authority-Chief District Health Officer, District Panchayat, Vadodara has approached this Court seeking leave to appeal against the judgment and order dtd. 13/12/2022 passed by learned Chief Judicial Magistrate First Class, Vadodara in Criminal Case No.36698 of 2004. The learned Magistrate has proceeded to dismiss the complaint by passing order below Exh.1, noticing on erroneous ground that the mandatory provisions under Sec. 28 (1) (b) of the Pre Conception and Pre-natal Diagnostic Techniques Act (Regulation and Prevention) (for short " the Act") as well as the rules has not been complied with.