M/S NISA MATERNITY HOSPITAL Vs. MUNICIPAL COMPLEX

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.157 of 2007 on the file of the XII-Additional Chief Metropolitan Magistrate, City Criminal Courts, Nampally, Hyderabad.

(2.) A complaint under Section 28 of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (hereinafter referred to as "the Act") read with Section 200 of Cr.P.C., was filed by the District Appropriate Authority, represented by the District Medical and Health Officer, Hyderabad, against the petitioners/A-1 and A-2 and another for the offences punishable under Sections 18 and 26 of the Act. It is stated in the complaint that the 1st petitioner/A-1 is a proprietary concern and the 2nd petitioner/A-2 is the Proprietor of the 1st petitioner/A-1. Accused No.3 is the manufacturer, who supplied Ultra Sound Scanning Machine to the 1st petitioner/A-1 company. It is stated that upon the instructions of the Collector and District Magistrate and Chairman for District Advisory Committee for the Act, Hyderabad District, the then District Medical and Health officer, with the assistance of team of officials and two mediators visited the hospital of the 1st petitioner/A-1 on 22.01.2005 and inspected the diagnostic premises. At that time the 2nd petitioner/A-2 was available in the hospital premises. It was noticed that no records are made available and they stated that the same are not being maintained for the last two years. It is also stated that there is no display of registration certificate as required under Section 19 (4) of the Act and that the consent form register as required under Rule 10 of the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Rules, 1996, was not available with the petitioners/A-1 and A-2. The petitioners/A-1 and A-2 are not having any of the required registrations. The addresses of the women in Form-F and the related records are not available and the signatures of the pregnant women on the declaration forms were not obtained prior to carrying out the diagnostic tests. Hence, the machinery namely Model No.SSA 220, Sl.No.9586776, supplied by accused No.3, was seized in the presence of team of officials and mediators. Thereafter, a show-cause notice, dated 04.02.2005 was issued to Accused No.3 asking him to explain the reason, but accused No.3 did not give any reply. It clearly established that Accused No.3 is having knowledge that petitioners/ A-1 and A-2 did not get the registration under the Act, supplied the Ultra Sound Scanning Machine, which is an offence under the provisions of the Act. The learned Magistrate has taken cognizance of the said complaint and numbered as C.C.No.157 of 2007. Challenging the same, the present Criminal Petition is filed by the petitioners/A-1 and A-2.

(3.) Heard learned Counsel for the petitioners/A-1 and A-2 and learned Additional Public Prosecutor appearing for the respondents.