RAMESH LAL GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed by the petitioner seeking quashing of criminal complaint dated 11.3.2003 (Annexure P-1) and order dated 17.5.2003 (Annexure P-7) passed by Additional Sessions Judge, Moga, whereby the order of discharge passed by Judicial Magistrate Ist Class, Moga dated 9.7.2003 was set aside.

(2.) IT is submitted that the petitioner is MD, MBBS and running hospital at Moga under the name and style of Goel Hospital and Scan Centre. For that place, he got himself registered under Pre-Natal Diagnostic Techniques Act (hereinafter referred to as 'PNDT Act') by depositing a sum of Rs. 30,000/- and then installed an ultra sound machine and other equipments. In June 2002, petitioner took on rent one shop at Baghapurana to carry on part time medical practice there as well. However, he did not get sufficient business at Baghapurana and finally closed that shop in November 2002 by locking the same. In his absence, it is claimed that Dr. R.P. Mittal, the then Acting Civil Surgeon, Moga conducted a raid on 22.2.2003 on the aforesaid clinic of the petitioner at Baghapurana. On finding the said clinic/shop to be locked, he sealed the same. Later on, Dr. R.P. Mittal, while in the presence of the petitioner and others opened the shop and found, one display board, whereon it was mentioned "Pre Natal sex determination tests are not done here", lying there. However, no ultra sound machine or Imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus and sex selection was found. Finally, a complaint under Section 18(1) punishable under Section 23(1) and Section 25 of the PNDT Act was filed against the petitioner by the State of Punjab through Dr. R.P. Mittal, District Appropriate Authority-cum-Civil Surgeon, Moga on 11.3.2003. The complaint having been filed by a public servant in discharge of his official duty, the recording of preliminary evidence was dispensed with and an order was passed by the Judicial Magistrate Ist Class, Moga on 11.3.2003, whereby the petitioner was summoned under Sections 23(1) and 25 of the PNDT Act. The petitioner challenged the summoning order by filing an application under Section 245 Cr.P.C. The application of the petitioner was accepted and vide order dated 9.7.2003, the Magistrate discharged the petitioner. While passing the order, the Magistrate relied upon the fact that no ultra sound machine was recovered from the accused. Further that in the absence of any ultra sound machine, it would be mis-conceived to hold that the accused was running the Ultra Sound Centre without the permission of the appropriate authority. The relevant concluding portion of the aforementioned order is quoted hereinbelow :-

(3.) IT is clear from the averments made in the complaint P-1 that when the shop, belonging to the petitioner, situated at Baghapurana was opened on 6.3.2003, one board displaying "Pre-natal tests are not done here" was found there. Besides, there was one room in front of which "Ultra Sound Scan" was written in Punjabi. There was also a stand for Ultra Sound Machine. A number of photographs, taken at the time of the opening of the shop and the search of the same were also placed on the record. Finding that the petitioner was operating Ultra Sound Centre without obtaining any permission from the competent authority, the petitioner was sought to be summoned to face the trial.