MUKESH RATHORE Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed this present petition under Section 482 of Cr.P.C. for quashment of proceedings initiated against him under Sections 23 and 25 of Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 bearing Complaint No.381/PNDT/2019 in Case No.8646/2019.

(2.) That, as per prosecution case, on the directions of the Additional District Magistrate, a surprise inspection was conducted on 30/09/2019 at Flat No,.405, Palitana Apartment, Silicon City, Rau, District Indore. During inspection, it was allegedly found that the present petitioner was conducting Sonography on a pregnant woman. It was alleged that the Sonography Machine is not registered in the Indore District and that the petitioner herein is also not licensed to conduct Sonography tests upon subjects. Thereafter, upon completion of investigation, a criminal complaint no.381/PNDT/2019 was filed under Sections 23 and 25 of 'PNDT ACT'. Subsequently, the learned trial Court took cognizance of the present matter in R.C.T. No.8646/2019 pending before the Chief Judicial magistrate, District Indore.

(3.) That, the State Government in exercise of its powers vested under Sections 17(2) and 17(3) of 'PNDT ACT', vide Notification dated 4/04/2007 published in the Official Gazette, appointed the District Magistrates at district levels to act as the 'Appropriate Authority' under the 'PC and PNDT ACT'. The said notification also empowered the District Magistrate to nominate an Executive Magistrate for aiding him in monitoring the implementation of 'PC and PNDT ACT'.