ANKAM BHARATH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.1801 of 2017 on the file of the Additional Junior Civil Judge, Karimnagar.

(2.) A charge sheet came to be filed against the petitioners/A.3 and A.5 and others for the offences punishable under Sections 23 (1) and 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (for short "the Act").

(3.) The case of the prosecution is that A.1 and A.2, who are wife and husband, are practicing as Doctors and running a Nursing Home in their own building under the name and style as "Sai Venkateshwara Nursing Home" in H.No.7-2-302, Mankammathota Locality, Karimnagar. The 1st petitioner/A.3, who has completed B.Com., earlier worked in a Diagnostic Centre namely "Namratha", which was run by Dr.Balakrishna. After the death of Dr.Balakrishna, the 1st petitioner/A.3 acquired some diagnostic knowledge but did not possess any qualification to do diagnostics and joined in the nursing home of A.1 and A.2. A.4 and the 2nd petitioner/A.5 are known persons of A.1 to A.3, used to refer the sex determination cases to A.1 to A.3 and acquire commission. It is alleged in the charge sheet that as per the Act no person shall open any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including clinic, laboratory or centre having ultrasound or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus and sex selection, or render services to any of them, unless such centre, laboratory or clinic is duly registered under the Act. A.1 to A.5, well known about the existence of the Act, but for their illegal and easy earning, they started sex determination of foetus in the hospital of A.1 and A2. A.4 and the 2nd petitioner/A.5 used to refer the needy people to the hospital of A.1 and A.2 and the 1st petitioner/A.3 used to assist in the diagnostic procedure and all of them did the acts by violating the provisions under the Act and A.1 and A2 paid percentage of money, collected from the needy people to A.3 to A.5 and this was going on clandestinely. Since these types of illegal activities were increased, a Task Force Team was formed and they got information about the illegal activities of A.1 to A.5, secured two couples (L.Ws.9 to 12), explained them about the decoy operation planned to be conducted in the hospital of A.1 and A2. Accordingly, on 26.07.2017 at about 3.00 p.m., both the couples went to the hospital of A.1 and A.2, and asked for sex determination of foetus, to which A.1 and A2 readily agreed and called the 1st petitioner/A.3. A.4 and the 2nd petitioner/A.5 also accompanied with the 1st petitioner/A.3. A.1 and A.2 collected a sum of Rs.7,500/- from each couple (L.Ws.9 to 12) and conducted the sex determination of foetus with the assistance of the 1st petitioner/A.3 and disclosed the sex determination of foetus. In the meantime, the required information was passed to the Task Force Party and they rounded up A.3 to A.5 and the concerned officials rushed to the spot, conducted panchanama and seized the ultrasound machine. Basing on the above allegations, a charge sheet came to be filed and the learned Additional Junior Civil Judge, Karimnagar, has taken cognizance of the same as C.C.No.1801 of 2017. The present Criminal Petition is filed by the petitioners/A.3 and A.5 to quash the proceedings against them in the above C.C.