LAWS(BOM)-2014-12-267

KALYANI Vs. STATE OF MAHARASHTRA

Decided On December 01, 2014
KALYANI Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally, by consent of learned counsels for the parties. This application takes exception to the impugned judgment and order dated 25 -3 -2014 passed by the Additional Sessions Judge -1, Chandrapur rejecting her application for discharge of the alleged offences for contravention of Ss. 4, 5 and 6 read with Rule 9 and Rule 13 punishable under Ss. 23 and 25 of the Pre -conception and Pre -natal Diagnostic Techniques (Prohibition of Sex Selection) Act (hereinafter referred to as the PCPNDT Act) and Rules framed thereunder.

(2.) Prior to the impugned order, the discharge application filed by applicant came to be rejected by the learned JMFC, Chandrapur vide its order below Exhibit 83 in Criminal Case No. 275/2012 dated 30 -9 -2013.

(3.) Being aggrieved by rejection of discharge as aforesaid, present application is preferred by applicant/accused invoking its Constitutional jurisdiction praying for quashing and setting aside the impugned orders dated 30 -9 -2013 passed by learned Judicial Magistrate First Class, Chandrapur as well as the order of the appellate Court dated 25 -3 -2014 passed in Criminal Revision No. 119/2013.