ZONI JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present petition the petitioners have put to challenge the action of the respondents in the matter of filing of the complaint for violation of the provisions of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994) (in short 'the PNDT Act'), filed before the criminal Court on various grounds and against the order taking cognizance thereof.

(2.) The present petition along with other petitions were heard from time to time as the principal ground of challenge raised has been that the criminal complaint was filed before the criminal Court by the complainant Appropriate Authority consisting of only one member and not three members contemplated by Clause (b) of sub-Sec. (3) of Sec. 17 of the PNDT Act. According to the petitioners filing of the complaint by the Appropriate Authority itself was illegal and therefore, the complaint is liable to be quashed by this Court in these Criminal Writ Petitions.

(3.) There are several other grounds which have been taken in the present petition as well as other petitions to challenge the criminal complaint filed against the petitioners. However, it is not necessary at this stage to go into those grounds for the reasons appearing hereinafter.