KAUSHIK BABULAL SHAH Vs. DISTRICT PANCHAYAT

JUDGEMENT

(1.) LEAVE to amend. Learned advocate Mr. Shah files affidavit-in-reply, which is taken on record. RULE. Learned advocate Mr. Shah waives service of Rule on behalf of respondent No. 2.

(2.) WITH the consent of the parties, the matter is taken up for final hearing.

(3.) THE petitioner before this Court, is a Doctor - Radiologist by occupation, aged about 45 years. This is mentioned only with a view to show that the Doctor - petitioner is not a new comer to the profession, challenging the action of the respondents Authorities of sealing his sonography machine, on various grounds. 3. 1 The case of the respondents Authorities is that they had received certain complaints against one Dr. Kalpesh Patel, who incidentally has a clinic beside the clinic of the petitioner. The Authorities decided to have a 'sting operation' and for that, they could volunteer one pregnant woman named Kailashben Nitinkumar Parmar aged about 23 years, resident of village Chosar, Gandhi Mohalla, Ta. Daskroi, Dist. Ahmedabad, this is set out in the statement given by that woman. The statement is produced at Annexure A to the affidavit-in-reply filed by the respondent No. 2. It is stated therein that she had gone to the clinic of Dr. Kalpesh Patel on 23. 5. 2009, wherein sonography was done and thereafter, she left the clinic of Dr. Kalpesh Patel. When she was on her way a person working as a Receptionist of Dr. Kalpesh Patel, Shri Vijaybhai Jagannath Goswami followed her and conveyed to her that if she wants to know about sex of foetus, he will be able to get it done and he gave his Mobile No. 9913822425. The deponent talked on that mobile number on Saturday and Sunday. On Monday dated 25. 5. 2009, she did not have any talk. Thereafter on 26. 5. 2009, on Tuesday, the day on which sting operation was carried out, a phone call was received on mobile phone of accompanying lady, who is described as the Mistress of the deponent, who was party to the sting operation. There is some confusion on the point of description of the accompanying lady, as she is described as 'jethani' - wife of elder brother of the husband. From the record, it is clear that other accompanying lady is not related to the deponent but her presence was sought for by the Authorities to have successful sting operation. By the phone call which was received, the deponent was asked to come at 8:30 on a nearby place of the clinic of Dr. Kaushik Shah. The deponent and accompanying lady went to the place suggested by said Shri Vijaybhai Goswami. The deponent was given an assurance of determination of sex of foetus and were brought to the clinic of Dr. Kaushik Shah - 'manthan Imagine House' 4, Shivananda Complex, Opp. Radha Vallabh Temple, Jai Hind Cross Roads, Maninagar, Ahmedabad 8.