SONA GOEL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner-Dr. Sona Goel in this petition filed under Sec. 482 Code of Criminal Procedure (for short, 'Cr.P.C.') has sought quashing of Complaint Case No. COMA/0000135/2015 dtd. 12/8/2015 (Annexure P-1), titled "State of Haryana through Dr. Ramesh Kumar vs. Dr.Sona Goel and another" instituted for offence punishable under Sec. 28 of Pre- conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short 'PNDT Act'), pending in Court of Judicial Magistrate Ist Class, Yamunanagar, in which she has been summoned vide order dtd. 12/8/2015 (Annexure P-2) to face trial for offences punishable under Ss. 23/25 of PNDT Act.

(2.) On receipt of complaint that sex determination tests were being conducted at S.P. Hospital, opposite Saraswati Vidya Mandir School,Chhachhrauli Road, Jagadhari, a decoy patient was sent to verify the fact and it was found that clinic was ready to do sex selection/determination test. On 31/7/2015, Deputy Commissioner, Yamunanagar directed Tehsildar, Deputy Civil Surgeon, Yamunanagar, DCWO and one police officer to conduct raid on the hospital. The team took assistance of a decoy patient, namely, Asha by giving her 34 currency notes of the denomination of Rs.500.00 each (total Rs.17,000.00 having short signatures of Dr.Vijay Dahiya and DSP Madan Lal). She was directed to go to petitioner in the hospital and on paying Rs.17,000.00 ask petitioner to determine the sex of fetus in her body.

(3.) The decoy patient contacted accused no. 2-Usha, agent of accused no. 1. She (Usha) took her to clinic of petitioner situated within the premises of S.P. Hospital, Jagadhari, where petitioner received Rs.17,000.00 and returned Rs.2000.00 as concession. She filled a form and started doing tests for determination of sex of fetus in the body of decoy patient on her sonography machine. The raiding party entered and raided the clinic, where the sex determination test was going on. The team also recovered film of USG of decoy patient and Rs.15,000.00 from the petitioner. Remaining Rs.2000.00 were also collected from the decoy patient. On verification it was found that these were the same currency notes, which were having signatures of Dr. Vijay Dahiya and DSP Madan Lal. The raiding party took into possession Form-F of decoy patient, her incomplete ultrasound, OPD slip with carbon copy, ultrasound print recovered from USG machine of petitioner, ultrasound record register, PNDT inspection form. Spot memo was prepared, which the petitioner refused to sign and thereafter complaint was filed in Court.