DINESH AGARWAL(DR.) Vs. STATE OF M.P.

JUDGEMENT

(1.) This application under section 482 of Cr.P.C. is filed for quashment of proceedings in Criminal Case No.211/2014 pending before the learned Chief Judicial Magistrate, Barwani under sections 18, 23 and 25 of Pre -Conception and Pre -Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (hereinafter referred to as P.C. & P.N.D.T. Act).

(2.) According to averments made in the application, the applicant Dr. Dinesh Agarwal is a qualified medical practitioner. He has obtained diploma in Gynecology and Obstetrics. He is working in the Sonography Center in Karuna Hospital, Sendhwa. The applicant purchased a second hand ultra sound machine from S.S. Enterprises to be used in the Sonography Center in Karuna Hospital, Sendhwa. A copy of invoice is filed as (Annexure P/8) and declaration from the seller S.S. Enterprises is (Annexure P/9). After purchasing the machine, the applicant applied for Registration of the machine in the prescribed form to the Collector, District Barwani. Copy of the application form is filed as (Annexure P/10).

(3.) On 13.01.2012, a surprise inspection was conducted by Tehsildar Sendhwa. The machine was seized and sealed by the Tehsilder. Copy of the inspection report and information to Chief Medical Officer, Sendhwa are (Annexure P/11 & P/12). The report of the Tehsildar submitted to Collector, Sendhwa is (Annexure P/14).