MANVINDER SINGH GILL Vs. STATE OF M P

JUDGEMENT

(1.) Both these petitions have been filed under Section 482 of the Cr.P.C. seeking quashment of the complaint, not filed by the appropriate authority or officer authorised, and also the order taking cognizance passed by the trial Court in the complaint Case Nos.1839/2011 and 19564/2007.

(2.) In both these cases indicating the violations of the provisions of Preconception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection), Adhiniyam 1994 (hereinafter be referred as 'PC & PNDT Adhiniyam'), the complaints were filed against petitioners. Learned counsel Smt. Sudha Shrivastava referring the provisions of Section 28 of the Adhiniyam, put forth that the cognizance of an offence can be taken by the Court, on a complaint made by the appropriate authority concerned or filed by any officer authorized by the Central or State Government as the case may be or by the appropriate authority. If the complaint has not been filed by the aforementioned authority, it is not maintainable. Counsel submits that in case any social organization, recognized as person has filed a complaint it may be maintained after giving a notice of 15 days to the appropriate authority. In the present case the complaints have been filed by the Additional Collectors, who are not the appropriate authority or authorized officer by notification of the Central or State Government, however the order passed by the Court taking cognizance on such complaint is unsustainable and liable to be set aside. Although other grounds have also been raised in this petition, but it is not required to be dealt with as this Court has proceeded to decide the issue of the competency of filing of the complaint, and of taking cognizance by the Court on such complaint.

(3.) On raising the issue of competence this Court vide order dated 19.06.2013 directed the Government Advocate to file the notification for declaration of the appropriate authority or the officer authorized for the purpose of filing of the complaint in district Indore. In furtherance to such directions the document notifying the appropriate authority by the State Government dated 04.04.2007 to the District Magistrate, Indore has been filed. The order passed by the District Magistrate, Indore dated 12.04.2007 and 28.7.2010 has also been filed whereby the Additional Collectors were nominated to help him in monitoring. It is submitted by learned Govt. Advocate that the complaints have been filed by the Officers nominated by the District Magistrate, therefore, it may be maintained and the Court below has rightly taken cognizance against petitioners.