PRAVIR KRISHN AND ORS. Vs. K.K. DIXIT

JUDGEMENT

(1.) This writ petition under Article 226/227 of the Constitution of India is directed against the order dated 05/09/2014 passed by the Judicial Magistrate, First Class, Gwalior in complaint case No.10532/2014 for registration of the complaint for the offence punishable under section 25 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 filed against the petitioners by the complainant, Dr. K.K.Dixit.

(2.) Before adverting to the facts relevant for disposal of this writ petition and before examining the order impugned, on merits, it is considered apposite to reiterate the objects and reasons for enactment of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as the Act of 1994) which inter alia seeks to achieve primarily twin-object, namely;

(3.) To fulfill the aforesaid objectives, the Union Legislature has passed a Bill inter alia providing for prohibition of misuse of pre-natal diagnostic techniques for sex determination of foetus, leading to female foeticide, prohibition of advertisement of pre-natal diagnostic techniques for determination of sex, regulation of the use of pre-natal diagnostic techniques for the purpose of detection of specific genetic abnormalities or disorders and use of such techniques under certain conditions by registered institutions and also provides for punishments for violation of the provisions of the proposed legislation as deterrents.