AMIT SINGHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 09.11.2016 passed by the Additional Chief Judicial Magistrate, Parbatsar, District Nagaur (hereinafter to be referred as 'the ACJM, Parbatsar') in Regular Criminal Case No.300/2016, whereby the application filed by the petitioner under Section 246 (4) Cr.P.C. has been dismissed by the ACJM, Parbatsar.

(2.) Brief facts of the case are that one Madan Lal Sharma filed a complaint against the petitioner under the various provisions of Pre-Conception and Pre-Natal Diagnostic Techniques Act (hereinafter to be referred as 'the PCPNDT Act') in the court of Special Additional Chief Judicial Magistrate (PCPNDT Act Cases) , Ajmer (hereinafter to be referred as 'the trial court') . The complaint against the petitioner is a warrant trial, hence, pre charge evidence was recorded and the trial court recorded the evidence of 15 prosecution witnesses. Thereafter on 15.04.2015, the trial court, after hearing arguments on framing of charges, discharged some persons, against whom the complaint was filed, however, framed charges against the petitioner and three other persons under the various provisions of PCPNDT Act. The precise charge framed against the petitioner is for the offence punishable under Section 23 of the PCPNDT Act and Section 201 IPC. At the time of framing of charges, the petitioner was present in the trial court and the same was read over and explained to him, which he denied and claimed trial.

(3.) Immediately, on the same day, an application under Section 91 Cr.P.C. was moved on behalf of the petitioner and other accused persons and the matter was fixed by the trial court for 27.04.2015 for filing reply to the said application and for arguments. On 27.04.2015, the matter was again adjourned for 28.04.2015. On 28.04.2015, arguments on the application under Section 91 Cr.P.C. were heard and the matter was fixed for 01.05.2015 for passing the order on the said application.