Case Note & Summary
The petitioners, owner and registered medical practitioner of a clinical laboratory, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashment of proceedings in C.C.No.10586/2024 pending before the Metropolitan Magistrate, Traffic Court-1, Bengaluru, which arose from a complaint under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The laboratory had been granted registration under the Act on 30-10-2017 valid up to 29-10-2022. On 26-09-2022, well before expiry, the petitioners applied for renewal along with requisite fee, but the Appropriate Authority did not act on the application for over two years. Meanwhile, on 22-02-2024 and 27-02-2024, inspections were conducted, an ultrasound machine seized, and a complaint was lodged alleging that the ultrasound room was situated beside the reception, scanning was done without generating Form-F, no patient images or details were stored, and the centre's registration had expired. Based on this, the Magistrate took cognizance on 20-04-2024 for offences under Sections 23, 23(1), 23(2), 20(1), 20(2), 20(3) of the Act, and issued summons. The petitioners challenged this, contending that non-maintenance of Form-F does not constitute an offence, that the registration expiry was solely due to the authority's inaction on their timely renewal application, and that no prior notice under Section 20 was given before initiating criminal action. The State opposed, arguing the clinic operated without valid licence and violated maintenance requirements. The High Court, after examining the provisions, held that the allegations did not disclose any offence under the Act. The Court noted that Form-F is required only when a pre-natal diagnostic test is conducted, and the complaint did not allege sex determination; mere non-maintenance of the form is not an offence. Regarding the expired registration, the Court found that the petitioners had done all that was required by applying for renewal in time; the authority's failure to decide the application for two years could not be held against the petitioners. Moreover, the mandatory procedure under Section 20 for suspension or cancellation of registration, which requires prior notice and opportunity of hearing, had been completely bypassed. The Court concluded that the proceedings were vitiated by these fundamental legal and procedural flaws, resulting in miscarriage of justice. Accordingly, the petition was allowed and the entire criminal proceedings in C.C.No.10586/2024 along with the order of cognizance were quashed.
Headnote
A) Health Law – Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 – Sections 20, 23 – Offence of Non-Maintenance of Form-F – Allegation that the clinic did not maintain Form-F does not attract penal provisions under the Act as Form-F is required only when pre-natal diagnostic test is conducted; no allegation of sex determination was made – Held that criminal proceedings on this ground are unsustainable (Paras 4, 8, 10). B) Health Law – Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 – Section 19 – Registration Renewal – Inordinate delay by appropriate authority in processing renewal application despite timely filing and payment of fee – Clinic cannot be penalized for operating without registration when the authority's inaction caused the expiry; dereliction of duty by authority cannot be attributed to the clinic – Held that allegation of running without registration not tenable (Paras 7-8). C) Health Law – Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 – Section 20 – Suspension/Cancellation of Registration – Requirement of prior notice and opportunity of hearing – First proviso mandates no suspension or revocation without hearing unless in public interest; authority not following procedure – Held that non-compliance with statutory procedural safeguards renders proceedings void, warranting quashment (Paras 9-10).
Issue of Consideration
Whether the criminal proceedings against the petitioners under Sections 20, 23 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 are liable to be quashed for lack of prima facie offence and procedural irregularities.
Final Decision
Criminal Petition allowed; proceedings in C.C.No.10586/2024 and order of cognizance dated 20-04-2024 quashed.
Law Points
- Non-maintenance of Form-F is not an offence under PC & PNDT Act
- Cancellation or suspension of registration requires prior notice and opportunity under Section 20
- Renewal of registration must be processed within reasonable time
- Authorities cannot penalize clinic for expiry of registration if renewal application was timely filed and authority delayed action
- Violation must relate to sex selection or pre-natal diagnostic tests to attract penal provisions.
