MOHAMMAD IMTIYAZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant petition has been preferred invoking this Court's power under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") impugning the F.I.R. No. 01/2022, registered at Police Station P.B.I., District Jaipur against the petitioner seeking his prosecution for offences under the provisions of Ss. 420 and 120-B of the Indian Penal Code, Ss. 4, 5, 6, 18, 23 and 25 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as "the P.C.P.N.D.T. Act") and Rule 4 of Pre-conception and Pre-natal Diagnostic Techniques Rules, 1996 (hereinafter referred to as "the P.C.P.N.D.T. Rules").

(2.) While maintaining that the petitioner has been falsely implicated and a concocted story has been portrayed, Mr. Kumbhat, learned counsel for the petitioner argued that the respondent No. 2 has no jurisdiction to register an F.I.R. for offences under the provisions of the P.C.P.N.D.T. Act as the offences under Ss. 4, 5, 6, 18, 23 and 25 of the P.C.P.N.D.T. Act are non-cognizable.

(3.) He further argued that even if the contents of the FIR are believed to be true, offence under Sec. 420 of the Indian Penal Code is not made out.