ANAMIKA BHARDWAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Criminal Revision Petition under Sec. 397/401 of the Cr.P.C. has been preferred by the petitioner against the order dtd. 20/1/2024 passed by the learned Sessions Judge, Banswara in Sessions Case No.105/2017 whereby the learned Judge framed charges against her for the offence under Ss. 120-B, 315/511 of the IPC and Ss. 4, 5 and 6 of the Pre-Conception and Pre-Natal Diagnostic Tehniques Act, 1994.

(2.) Briefly stated the facts of the case are that an FIR No. 6/2017 was registered on 18/2/2017 at Police Station PBI Medical and Health Services, Jaipur, alleging offences under Ss. 4, 5, 6, 23, 25 of the PCPNDT Act, Rules 9 and 10 of PCPNDT Rules, and Ss. 315/511 IPC. The complaint stemmed from information provided by Mr. Sandeep Singh Chauhan that the petitioner, through agent Smt. Anila, facilitated illegal sex determination of foetus. Acting on this, a decoy operation was conducted on 17/2/2017 by Smt. Vijaylaxmi Hada and others, during which Rs.19,000.00 was recovered from the petitioner and Rs.1,000.00 from the coaccused. The petitioner was arrested and later released on bail.

(3.) Instead of filing a charge-sheet, a complaint was filed before the learned Chief Judicial Magistrate, Banswara, reiterating the same allegations. The matter was committed to the Sessions Court, Banswara. During proceedings, co-accused Smt. Anila expired and the proceedings against her were abated on 8/5/2023. On the same date, charges were framed against the petitioner under Ss. 5 and 6 of the PCPNDT Act and Ss. 120B/315/511 IPC.