RADHAKRISHNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Petition has been filed to quash complaint filed by Appropriate Authority (hereafter referred as "complainant") under the provisions of Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereafter referred as "Act") and the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (hereafter referred as "Rules").

(2.) The Petition is Admitted and has been heard finally. Learned counsel for the Petitioner as well as learned Public Prosecutor for the Respondents submitted elaborate arguments. With this matter some other similar matters were also argued and Counsel for Petitioners adopted arguments of each other on law points to request for quashment of Criminal Trials against accused.

(3.) The Petitioners claim that on 9th May, 2012, Respondent No.2 and Dr.Madhuri Thorat and Dr. Madhav Munde, Residential Medical Officer, District Civil Hospital, Aurangabad and Divisional Vigilance Cell visited the hospital and noticed certain lacunae, for which notice was issued on 9th May, 2012 and reply was given by the Petitioners on 12th May, 2012 explaining the lacunae pointed out. The Petitioners claim that they denied the allegations made in the notice about Form F. On 29th November, 2012 Deputy Director of Health Services, informed that lacunae have been noticed and there was violation of the Act and Rules. Respondent No.4 filed S.C.C. No.863 of 2012 before Judicial Magistrate, First Class, Sillod, DistAurangabad for violation of provisions under the Act, referring to Section 23 and 29 of the Act. Petitioners claim that the criminal proceeding is manifest with mala fides and there is no offence made out as claimed. Petitioners want the S.C.C. No.863 of 2012 to be quashed and set aside.