MANISH C DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Common questions of fact and law arise in the above petitions and therefore they are disposed of by the present common judgement.

(2.) The petitioners have prayed to quash and set aside Criminal Complaint Numbers 1677/2006,1558/05, 7210/05,6534/05, 6535/05, criminal case Nos, 4762/06, 42/06, 1707/06, 1216/06, 1136/06, 4656/06, 1689/06 pending before the Metropolitan Magistrate, Court No .15, Ahmedabad.

(3.) The petitioners are Radiologists possessing requisite qualification and doing practice in Ahmedabad. The petitioners, for the purpose of diagnosis, use Sonography machine in their premises. The competent authority carried out inspection at the respective places and allegedly found certain irregularities. During the diagnosis the petitioners are required to fill up certain forms. The allegation in substance is that certain details were not provided in the Performa. The concerned authority has, therefore, filed complaints against the petitioners for the alleged commission of offences punishable under sections 4 and 5 of The Preconception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The petitioners have challenged the aforesaid complaints on various grounds.