KATTA NAND KISHORE Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioner/accused No.1 in C.C.No.634 of 2019 on the file of the learned XV Judicial Magistrate of First Class, Ibrahimpatnam, Ranga Reddy District, registered for the offences punishable under Ss. 406 and 420 of the Indian Penal Code, 1860 (for short 'I.P.C.') and Sec. 23 of the Pre-Conception and Pre- Natal Diagnostic Techniques Act, 1994 (for short 'the Act').

(2.) The brief facts of the case are that respondent No.2- Police on receipt of credible information that a prenatal sex determine test was conducting illegally on pregnant ladies at Prathyusha Scanning Center, by violating the Government rules and regulations, he along with his staff conducted Decoy operation by sending one woman constable into the scanning center. The petitioner conducted prenatal sex determine test to the said woman constable and issued report to her by disclosing the gender of the baby. Later, the said woman constable came outside and informed the same to the superior officers. On receipt of the said information, the superiors rushed to the spot and found the petitioner conducting sex determination test to pregnant ladies without registered medical practice certificate. On enquiry, the petitioner revealed that since three years he was conducting sex determination test to pregnant ladies. Thereafter, respondent No.2 registered a case in Crime No.41 of 2019 for the offences punishable under Ss. 406 and 420 of IPC and Sec. 23 of the Act and after completion of investigation, filed charge sheet, vide C.C.No.634 of 2019, before the learned XV Judicial Magistrate of First Class, Ibrahimpatnam.

(3.) Heard Sri Srinivas Podicheti, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondents.