RAPARTHY SRINIVAS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner/accused under Section 482 Cr.P.C. seeking to quash the proceedings in Crime No.81 of 2017 of Kuravi Police Station, Mahabubabad District, which was registered for the offences punishable under Sections 417 , 420 , 313 of I.P.C., Section 22 read with Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (hereinafter referred to as "the Act"), Section 5 of the Medical Termination of Pregnancy Act, 1971, Section 15 (3) of the Indian Medical Council Act , 1956, Section 41 read with 23 of the Juvenile Justice Care Protection of Child Act , 2000.

(2.) The case of the prosecution is that the Deputy District Medical and Health Officer, Mahabubabad, gave a report, dated 06.06.2017 to the Station House Officer, Kuravi Police Station, inter alia, stating therein that he received a reliable information that the petitioner/accused is running Swathi Nursing Home at Kuravi, having Ultrasound Scanning Machine and doing illegal abortions in his nursing home. It is further stated in the report that on inspection, it is noticed that the nursing home was not registered under Allopathic Private Medical Care Establishment Act and there was no permission to run Ultra Sound Scan Machine, as required under the Act; that the petitioner/accused is doing sex determinations and illegal abortions and on the date of incident, the following patients were found in the nursing home.

(3.) sing on the said report, the police registered the above crime and during the course of investigation, the Inspector of Police examined the witnesses and seized the ultra sound scanning machine under a cover of panchanama. The police officials put a lock and seal to the ground floor of the nursing home, thereby preventing the petitioner/accused to make use of the ground floor of the building.