GURPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prayer of the petitioners is for quashing of the order dated 10.7.2007, the criminal complaint No. 105/2 of 2000 dated July 24, 2002 and the summoning order dated July 16, 2005 alongwith all subsequent proceedings or in the alternative for setting aside the order dated July 10, 2007 and for remanding the case back to the court of learned Sessions Judge, Jalandhar for deciding the revision petition filed by the petitioners on merits.

(2.) THE present proceedings arise out of a complaint filed by the appropriate authority-cum-Senior Medical Officer, Incharge Sub Division Hospital, Phillaur filed under Sections 4(1)(2)(3), 6 and 29 Rule No. 9(4)(6) and Rule No. 10 of the Pre-Natal diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (for short "the Act"). Vide order dated July 16, 2005 passed by learned Sub Divisional Judicial Magistrate, Phillaur, petitioners were summoned, prima facie, for violation of Sections 4(1) (2) (3), 6 and 29 Rule No. 9 (4) (6) and Rule No. 10 of the Rules. Against the order of summoning, petitioners filed revision before the learned Sessions Judge, Jalandhar, who vide order dated July 10, 2007 dismissed the revision as not maintainable holding the order to be interlocutory in nature.

(3.) ON the other hand, learned counsel for the State submitted that the order summoning the petitioner for facing trial is interlocutory in nature and against that revision before the Sessions Judge was not maintainable. He has relied upon a judgment of this Court in State through Dy. Chief Controller of Imports and Exports, Ludhiana v. P.C. Aggarwal, 1997(3) RCR(Crl.) 357.