KIRAN GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, Criminal Misc. No. 26849-M of 2007 and Criminal Misc. No. 30442-M of 2007 shall be decided together.

(2.) In both the petitions, a prayer has been made for quashing of the complaint (Annexure P10) filed under Sections 23 and 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as "1994 Act") for alleged violation of the provisions of Sections 3, 4, 5, 6 & 29 and Rule 9, 10(1A), 17 and 18 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (Amended to-date) (hereinafter referred to as "1996 Rules"), pending in the Court of Judicial Magistrate Ist Class, Talwandi Sabo, District Bathinda.

(3.) The petitioner is a qualified doctor possessing a Degree of M.B.B.S. And is running a Clinic called Garg Ultrasound Scan Center, Maur Mandi. On 6.5.2006, Dr. Sham Lal Thukral, Senior Medical Officer-cum-Sub District Appropriate Authority under the 1994 Act, inspected the premises of the petitioner and came to conclusion that the petitioner had not complied with the various provisions of the 1994 Act. On the inspection reports submitted by Dr. Sham Lal Thukral, the District Appropriate Authority had directed the Sub District Appropriate Authority under the 1994 Act, to launch prosecution against the petitioner by instituting a complaint (Annexure P10).