Case Note & Summary
The petitioner, Dr. Sai Shiradkar, a medical practitioner running Suyog Hospital in Nanded, filed a criminal writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of RCS No. 265/2015 pending before the Chief Judicial Magistrate, Nanded. The case arose from an inspection conducted on 26 February 2015 by the Regional Vigilance Squad, Aurangabad, which found several deficiencies in the maintenance of records at her sonography centre, including missing referral slips for one pregnant woman, absence of serial numbers on Form F, missing signatures on consent forms, contrast signatures, and missing mobile numbers or addresses on certain forms. The petitioner contended that these were minor procedural lapses and did not indicate any violation of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act). The State and the Municipal Corporation opposed the petition, arguing that strict compliance with record-keeping is mandatory under the Act. The court analyzed the nature of the deficiencies and found them to be trivial, not suggestive of any attempt to conceal sex selection or other illegal activities. The court held that continuing criminal proceedings for such minor lapses would be an abuse of the process of law. Consequently, the court quashed the criminal proceedings against the petitioner. The judgment was delivered by a division bench of Justices A.V. Nirgude and V.L. Achliya on 27 September 2016.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC, Article 226 Constitution of India - Minor Deficiencies - The court considered whether criminal proceedings can be quashed when the alleged deficiencies are minor and do not indicate any intention to violate the PCPNDT Act - Held that where deficiencies are trivial and do not suggest any attempt to conceal sex selection, continuation of proceedings would be an abuse of process of law (Paras 2-10). B) Medical Law - Pre-conception and Pre-natal Diagnostic Techniques Act, 1994 - Sections 23, 28 - Maintenance of Records - The court examined the requirement of strict compliance with record-keeping under the PCPNDT Act - Held that minor lapses like missing mobile numbers or contrast signatures, without evidence of sex selection, do not warrant criminal prosecution (Paras 4-10).
Issue of Consideration
Whether criminal proceedings under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 can be sustained against a doctor for minor deficiencies in maintaining records, such as missing referral slips, missing serial numbers on Form F, and contrast signatures on consent forms.
Final Decision
Criminal proceedings in RCS No. 265/2015 pending before CJM, Nanded are quashed. Rule made absolute.
Law Points
- Quashing of criminal proceedings
- PCPNDT Act
- Section 482 CrPC
- Article 226
- minor deficiencies
- mens rea
- procedural irregularities
