STATE OF RAJASTHAN Vs. DR. KAILASH CHANDRA JAIN

JUDGEMENT

(1.) State has preferred this criminal revision petition under Section 397/401 Cr.P.C. to assail impugned order dated 08.06.2012, passed by Additional Sessions Judge No.1, Bhilwara (for short, 'learned lower revisional Court'), whereby learned lower revisional Court has set aside order dated 24.03.2011, passed by Additional Chief Judicial Magistrate, Bhilwara (for short, 'learned trial Court') taking cognizance against accused-respondent for offence under Sections 22(3) & 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short, 'PCPNDT Act').

(2.) The facts, apposite for the purpose of this petition are that on behalf of petitioner-State, Chief Medical & Health Officer, Bhilwara laid a criminal complaint against respondent for offence punishable under Sections 4, 5, 22, 23 & 25 of the PCPNDT Act. It is, inter-alia, averred in the complaint that on 29.06.2007, appropriate authority under the Act with four other incumbents inspected sonography centre of the accused respondent and found irregularities punishable under various Sections of the PCPNDT Act. The inspecting team, prima facie, found that accused-respondent has violated provision of Section 22(3) of the PCPNDT Act and Rules 9(1), 9(4) & 10(1A) & 17(1) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (for short, 'Rules of 1996'). Eventually, the team noticed that omission and commission of the accused-respondent tantamount to offence under Section 23 of the PCPNDT Act. After completion of the inspection, a criminal complaint was filed against accused-respondent before learned trial Court on 15.03.2011.

(3.) Learned trial Court, after considering the complaint, took cognizance against respondent for offence under Sections 22(3) & 23 of the PCPNDT Act on 24.02011.