RAVINDRA 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 Pre -conception and Pre -natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereafter referred as "Act") and the Pre -conception and Pre -natal 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.) ON behalf of the Respondents, affidavit in reply has been filed by the Appropriate Authority. According to the Appropriate Authority, the Petitioner did not maintain F Forms properly but separate loose sheets of F Forms were found and they were also incomplete. As per the Act, sonologist has to maintain register of F Forms and information in F Forms should be filled in serial order as per sub -rule (1) of Rule 9. Various discrepancies in maintaining of record were found. On 6th June, 2012 one Sonabai Koli was examined but her F Form was found to be incomplete. In Column Nos. 12 to 14 information was typed as "Nil", which is suspicious. In column No.4, number of children and age, and in column No.8 when was the Last Menstrual Period (L.M.P.) and weeks of pregnancy, was not filled in. It was noticed that one Rekha Borse was examined under sonography machine but in her Form F, column Nos. 12 to 14 were shown as "Nil", which was typed. Her full address was also not mentioned, and information regarding L.M.P. was not filled in. The affidavit -in -reply has annexed copies of concerned documents. Reference is made to the F Form of one Anita Ravindra Patil, where column regarding number of children in F Form was not filled in; L.M.P. and weeks of pregnancy columns were not maintained; column Nos. 12 to 14 were typed as "Nil". Similarly, there is reference to form of one Rukaiyabeen Shaikh. The affidavit refers to such non compliances and claims that there is no substance in the present Petition.