P.C. JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal Misc. Petition has been preferred by the petitioner assailing the order dtd. 26/10/2012 passed by the learned Special A.C.J.M. (PCPNDT Act Cases), Udaipur in Case No. 57/2012 whereby charges have been ordered to be framed against the petitioner under Ss. 9(1), (4) and (6) and Ss. 4(3), 5, and 6 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as "PCPNDT Act").

(2.) The petitioner, feeling aggrieved by the said order of framing of charges, had preferred a Criminal Revision No. 158/2012 before the learned Sessions Judge, Chittorgarh. Vide order dtd. 15/12/2012, the learned Court of revision has dismissed the petition for want of territorial jurisdiction. As a matter of fact, the legality, correctness, and propriety of the order passed by the learned Special ACGM PCPNDT Act cases, Udaipur in Criminal Regular Case No. 57/2012, was not taken for examination.

(3.) A Co-ordinate Bench of this Court took note of the above fact and vide order dtd. 23/1/2018, the Registry of this Court was directed to inform as to when there is no special designated Court to try PCPNDT cases at Chittorgarh, then it would be the upper Court, competent to hear the challenges made to the orders passed by the special Court at Udaipur in a complaint relating to District Chittorgarh. In compliance thereof, the Registrar (Rules) of this Court, vide letter dtd. 2/2/2018 has informed that in light of the directions passed in DBCWP No. 3270/2012 vide order dtd. 15/4/2015, the District Judge, Chittorgarh has issued an order dtd. 22/1/2016 regarding hearing of PCPNDT cases by all the Criminal Courts in their respective territorial jurisdiction. A copy of the order dtd. 22/1/2016 is also available on record.