ASHISH SINGHAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY this criminal misc. petition, a challenge is made to the order dated 19th January, 2013 framing charges so as the order dated 28th June, 2013, dismissing the revision petition filed by the petitioner. Learned counsel submits that inspection so as the filing of complaint is not by the appropriate authority, thus was not maintainable. As per Section 17(4)(c) of Pre -conceptional & Pre -natal Diagnostic Techniques Act, 1994 (for short "Act of 1994"), an inspection and complaint can be filed only by the appropriate authority. In the instant case, the inspection was caused by an officer/committee and even complaint was filed thereupon by the officer, who was not having required qualification as provided u/Sec. 17 of the Act of 1994. In view of above, framing of charges against the petitioner for offence under Sec. 17 of the Act of 1994 is illegal. The petitioner deserves to be discharged.

(2.) LEARNED counsel further submits that allegation against the petitioner was for not filling form "F", however, it is in ignorance of the fact that form "F" is not required to be filled immediately on the day of diagnose but can be filled on or before 05th of the month, when it is to be submitted.

(3.) LASTLY , learned counsel for the petitioner submitted that when the provision mandates for the procedure to be taken in a particular manner, it cannot be ignored and if procedure is violated, the Court should interfere.