KUMARI SEEMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Umesh Prasad Singh, learned senior counsel for the petitioner and Mr. Prabhu Dayal Agrawal, learned Special Public Prosecutor for the State.

(2.) This petition has been filed for quashing the entire criminal proceedings in connection with Complaint Case No.943/2019 including the order dtd. 10/7/2019 whereby the summons have been directed to be issued to the accused persons including the petitioner, pending in the court of the learned Chief Judicial Magistrate, Koderma.

(3.) The complaint petition has been filed under Sec. 23/25 of the Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter to be referred to as 'the Act, 1994') alleging therein that Santosh Kumar Singh, Executive Magistrate, Koderma was given the responsibility of the appropriate authority for the period from 27/5/2019 to 28/5/2019. For conducting decoy operation, from the State level Rafat Farzana, Coordinator, PCPNDT, Shree Rajan Chaudhary, Social Worker, Rajasthan, Shree Arshad Hussain, Social Worker were called and the planning was done to conduct decoy operation on 27/5/2019. According to the complaint petition after briefing about the procedure to be followed, the providing money for the purpose of payment as fee for ultrasonography, the decoy agents were sent to Dhanvantari Ultrasound and the petitioner was arrested on the ground that she has conducted sex determination test and conveyed about female foetus to the tout, who in turn conveyed it to the pregnant lady (decoy agent).