Case Note & Summary
The petitioners, medical practitioners running a hospital in Gokak, challenged the proceedings in C.C.No.910/2016 pending before the Principal Civil Judge and JMFC, Gokak, for offences under Section 23 of the Prenatal Diagnostics Techniques (Regulation & Prevention of Misuse) Act, 1994 read with Rules 9(3) and (4) of the Rules 1996. The complaint was filed by the Taluka Health Officer after an inspection allegedly revealed non-maintenance of records and installation of equipment for sex determination. The petitioners sought quashing under Section 482 CrPC. The court heard both sides and noted that the complaint was filed under Section 28 of the Act, which requires prior sanction for prosecution. Since no such sanction was obtained, the proceedings were not maintainable. The court allowed the petition and quashed the proceedings.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - Section 28 - Sanction for Prosecution - The court considered whether proceedings initiated under the Act without prior sanction under Section 28 are maintainable. Held that the requirement of sanction under Section 28 is mandatory and its absence renders the complaint invalid, warranting quashing of proceedings (Paras 1-4).
Issue of Consideration
Whether the proceedings initiated under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, without obtaining prior sanction under Section 28 of the Act, are maintainable.
Final Decision
The petition is allowed. The proceedings in C.C.No.910/2016 pending on the file of the Principal Civil Judge and JMFC, Gokak, are quashed.
Law Points
- Sanction for prosecution under Section 28 of PCPNDT Act is mandatory
- complaint filed without prior sanction is not maintainable
- proceedings liable to be quashed under Section 482 CrPC
Case Details
2022 LawText (KAR) (02) 12
Criminal Petition No.101392/2019
Shivaprasad Shantanagoudar (for petitioners), Ramesh Chigari (HCGP for respondent)
Dhondiba Anna Jadhav Memorial Hospital, By Dr. Nitin Jadhav and Dr. Mrs. Padma Nitin Jadhav
The State of Karnataka, By Taluka Health Officer, Gokak, Rep. By Ramappa Siddappa Benchinamaradi
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of proceedings under the PCPNDT Act
Remedy Sought
Quashing of proceedings in C.C.No.910/2016 pending before the Principal Civil Judge and JMFC, Gokak
Filing Reason
Alleged non-maintenance of records and installation of equipment for sex determination
Issues
Whether the proceedings under the PCPNDT Act without prior sanction under Section 28 are maintainable
Submissions/Arguments
Petitioners argued that the complaint was filed without obtaining mandatory sanction under Section 28 of the Act, rendering the proceedings invalid.
Respondent argued in support of the proceedings.
Ratio Decidendi
The requirement of sanction under Section 28 of the PCPNDT Act is mandatory for prosecution. In the absence of such sanction, the complaint is not maintainable and proceedings are liable to be quashed under Section 482 CrPC.
Judgment Excerpts
The petitioners call in question proceedings instituted in C.C.No.910/2016 under Section 28 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 r/w Rules of 1996 pending before the Principal Civil Judge and JMFC, Gokak invoking Section 200 of the Cr.P.C.
Procedural History
The Taluka Health Officer filed a complaint under Section 28 of the PCPNDT Act before the JMFC, Gokak, which was registered as C.C.No.910/2016. The petitioners filed Criminal Petition No.101392/2019 under Section 482 CrPC seeking quashing of the proceedings. The High Court heard the matter and passed the order on 21.02.2022.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482
- Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act): 23, 28
- Pre-natal Diagnostic Techniques (Regulation & Prevention of Misuse) Rules, 1996: 9(3), 9(4)
