KALPANA PUNDLIK JAMDADE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) All the petitions are filed under the provisions of Articles 226 and 227 of the Constitution of India and section 482 of the Code of Criminal Procedure. The proceedings are in respect of action taken of filing complaint by the authority created under the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as "the Act") and so all the proceedings are being decided by common order.

(2.) Complaints are filed against the petitioners by an officer to whom the authority under the Act has been given to take action and file complaint for the breach of the provisions of the Act and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 framed under the Act (for short, "the Rules"). The matters are relating to the provisions of Sections 4 (3), 5,6, 23, 29 and 30 of the Act. The learned Judicial Magistrate has made order of issue process in all the complaints. Prayers are made for setting aside the order of issue process and also for quashing the proceeding itself. Only oneot taken for the period from July 2009 to September 2010;

(3.) Against the petitioner of first proceeding, Regular Criminal Case No.636/2011 is pending in the Court of the Judicial Magistrate, First Class, Nanded. The petitioner, Dr. Kalpana Jamdade was running Ultra Sound Clinic and Hospital under the name and style as "Jamdade Maternity Home at Nanded". She had registered her Ultra Sound Clinic under the Act and she was conducting ultrasonograpghy on pregnant women. There was information received by the authority that she was misusing the techniques for determining sex of the foetus. Inspection was done by the complainant in the presence of other officers and witnesses of the Sonography Centre.