DR. RAJESH KUMAR AGRAWAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the state.

(2.) This is an application under Sec. 482, Crimial P.C. to quash the order of taking cognizance dated 16.01.2016 and the proceeding in 2(C) C.C. Case No. 01 of 2016 on the file of learned S.D.J.M, Bhadrak alleging the offences punishable under Sections 23 and 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (in short "the Act, 1994") for violating the provisions of Sec. 5 and 29(2) of the Act, 1994 and Rules 9, 11 and 18 of the P.C. & P.N.D.T Rule.

(3.) The proceeding was initiated and cognizance was taken on Prosecution Report filed by the Assistant District Medical Officer, (F.W & Imm) office of the C.D.M.O, Bhadrak alleging that on 211.2015 the Additional Tahasildar, Bhadrak being authorized by the Sub-Collector-cum-Sub District Appropriate Authority, Bhadrak by Order No. 1492 dated 211.2015 inspected the clinic of the present petitioner and found out certain anomalies and discrepancies in relation to the affairs of the Ultrasound Unit run by the present petitioner besides not being registered under the Odisha Clinical Establishment (Control and Regulation) Act, 1990. The Unit of the present petitioner was sealed and after completion of enquiry the Prosecution Report was filed before the leaned S.D.J.M, Bhadrak who by the impugned order dated 16.01.2016 took cognizance of the offences punishable under Sections 23 and 25 of the Act, 1994 directing to issue summons against the present accused-petitioner.