DATTATRAYA 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 Petitioner claims that he is running his hospital at Rahata. On 16th July, 2007 Medical Superintendent, Rural Hospital, Rahata Respondent No.2 along with other Officers visited his hospital and carried out inspection and found technical discrepancies/faults on the part of the Petitioner. Respondent No.2 issued show cause notice on 17th July, 2007. The Petitioner replied the same on the same day. Respondent No.2 suspended registration certificate of sonography machines and sealed the machines. Respondent filed Complaint bearing R.T.C. No.153 of 2007 in the Court of Judicial Magistrate, First Class, Rahata, under Section 29, Rule 9(4) of the Act alleging that there were various discrepancies in the maintenance of the Records. Thus, breach of Sections of the Act and Rules was alleged. The Judicial Magistrate, First Class, Rahata issued summons to present Petitioner.