R.L. MONGA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. seeking quashing of the complaint and the summoning order passed by the Chief Judicial Magistrate, Faridabad in a complaint filed under Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (here-in-after referred as PNDT Act).

(2.) Few facts which have been given rise to the complaint may now be noticed:-

(3.) A complaint under the PNDT Act was filed by the State through the Civil Surgeon, Faridabad containing allegations that M/s Moga Nursing Home in Faridabad was registered ultrasound centre and they had got themselves registered upto 17.9.2006. The registration was subsequently renewed upto 17.9.2011. This Nursing Home was inspected by a team headed by the Civil Surgeon and others on 12.5.2012 and certain contraventions were noticed, the registration of the ultrasound centre had expired, no records were being maintained with respect to the Nursing Home or the ultrasound centre which was required under the Act and the Rules and lastly that no correspondence or reporting was being done by the Nursing Home to the District appropriate authority. After the inspection, the ultrasound machine was sealed. Subsequently a show cause notice under Section 20(1) of the PNDT Act was given to the petitioners to explain as to why the registration of the ultrasound clinic should not be cancelled. Reply to the show cause notice was sent by the petitioner. Thereafter, a personal hearing was accorded. Subsequently, a complaint was filed where reference to the inspection, findings, notice and the reply was made. It referred to the over all decrease of females in Haryana and that the sex ratio in Haryana had declined from 820 females per 1000 males in the year 2001 as compared to the census of 1991 where the ratio was 879 as to 1000. Allegations were levelled that the accused had contravened the following provisions of the PNDT Act.