Case Note & Summary
The petitioner, Dr. Vijay Shivnath Lahoti, a medical practitioner, filed a Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of a complaint filed by the Appropriate Authority under the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act) and the Rules, 1996. The complaint alleged that during an inspection of the petitioner's hospital on 18th July 2012, the Appropriate Authority found that the petitioner had not maintained Form F and other records as required under the Act and Rules. Consequently, a complaint was filed before the Judicial Magistrate First Class, Rahuri, for offences under Sections 4(3), 5, and 23 of the PCPNDT Act read with Rule 9 of the PCPNDT Rules. The petitioner contended that the complaint did not disclose any offence, as there was no allegation of sex determination or sex selection. The State and the complainant argued that non-maintenance of records itself constitutes an offence. The court analyzed the provisions of the Act, particularly Section 5 which prohibits sex selection, and Rule 9 which mandates maintenance of Form F. The court held that the essential ingredient of an offence under Section 5 is the use of prenatal diagnostic techniques for sex selection, which was not alleged. The complaint only alleged non-maintenance of records, which may be a procedural lapse but does not by itself constitute the substantive offence under Section 5. The court further observed that the Magistrate took cognizance without proper application of mind. Relying on the principles for quashing under Section 482 CrPC, the court concluded that the allegations did not make out any offence and continuing the proceedings would be an abuse of process. The petition was allowed, and the complaint was quashed.
Headnote
A) Criminal Procedure - Quashing of Complaint - Inherent Powers - Section 482 CrPC - The High Court can quash a complaint if the allegations do not disclose any offence or are frivolous/vexatious - The court examined whether the complaint under PCPNDT Act disclosed a prima facie case against the petitioner (Paras 1-10). B) Medical Law - Preconception and Prenatal Diagnostic Techniques Act, 1994 - Sections 4(3), 5, 23 - Maintenance of Records - Rule 9 of PCPNDT Rules, 1996 - Form F - The Act requires maintenance of records in Form F for each pregnant woman subjected to prenatal diagnostic procedures - Non-maintenance or non-production of records may lead to prosecution, but mere failure to produce records without evidence of sex determination does not automatically constitute an offence under Section 5 (Paras 11-20). C) Medical Law - Offence under PCPNDT Act - Section 5 - Prohibition of Sex Selection - Section 5 prohibits the use of prenatal diagnostic techniques for sex selection - The complaint must allege that the accused used such techniques for sex determination or selection - In the present case, the complaint only alleged non-maintenance of records and failure to produce Form F, without any allegation of sex determination - Held that the complaint does not disclose the essential ingredients of the offence under Section 5 (Paras 21-25). D) Criminal Procedure - Cognizance of Offence - Prima Facie Case - The Magistrate took cognizance without proper application of mind - The allegations in the complaint, even if taken at face value, do not make out any offence under the PCPNDT Act - The continuation of proceedings would be an abuse of process of law - Held that the complaint is liable to be quashed (Paras 26-30).
Issue of Consideration
Whether the complaint filed under the PCPNDT Act against the petitioner for alleged non-maintenance of Form F and other records can be quashed for lack of prima facie evidence of sex determination or selection.
Final Decision
The petition is allowed. The complaint filed by the Appropriate Authority under the PCPNDT Act against the petitioner is quashed.
Law Points
- Quashing of criminal complaint
- Preconception and Prenatal Diagnostic Techniques Act
- 1994
- Section 4(3)
- Section 5
- Section 23
- Rule 9
- Form F
- Maintenance of records
- Cognizance of offence
- Prima facie case
