apl.24.17 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION(APL) NO. 24 OF 2017
Dr.Khushal S/o Narayan Ghodeshwar,
Aged about 60 years,Occ-Radiologist,
Apex Sonography Centre, Mama Chowk,
Gondia,Tahsil and District-Gondia. ..... APPLICANT
...V E R S U S...
State of Maharashtra,
Through Its authorised Officer,
under PCPNDT Act,R/o K.T.S.
General Hospital,Gokndia ...NON-APPLICANT
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Shri R.D.Thakur, Advocate for the applicant.
Shri Indranil Damle, A.P.P. for State-non-applicant.
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CORAM:- V. M. DESHPANDE, J.
DATED :- AUGUST 31,2017 ORAL JUDGMENT Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsels for the parties. 2] Against the applicant, a complaint case bearing Criminal Case No.621/2011 is filed in respect of the offence under Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)Act, 1994. The applicant is questioning the correctness of the order passed by learned Sessions Judge,Gondia in Criminal Revision No.92/2013 by which learned Revisional Court dismissed the revision application filed by the present ::: Uploaded on - 04/09/2017 ::: Downloaded on - 05/09/2017 01:28:45 ::: apl.24.17 2 applicant questioning the correctness of the order passed by learned Judicial Magistrate First Class,Gondia dated 26/2/2013 below Exh.14 rejecting the application for discharge. 3] Complainant Dr.Naseen Akhatar, a authorised officer and member of appropriate authority under Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)Act, 1994,visited a centre at Gondia City Scan Centre in which two sonography machines were registered under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)Act, 1994. However, at the time of inspection only one sonography machine was found available in the said centre and one machine was found to be missing. During the enquiry it was informed to the said Committee that the said missing machine from Gondia City Scan Centre is transferred in favour of the present applicant. Even the applicant is stating that the said machine was purchased by him from said Gondia City Scan Centre under sale agreement dated 31/8/2010. The complaint further proceeds that the Committee then, visited the sonography centre of the present applicant i.e. Apex Sonography Centre,Gondia, that time, it was found in addition to one registered machine another ::: Uploaded on - 04/09/2017 ::: Downloaded on - 05/09/2017 01:28:45 ::: apl.24.17 3 machine was installed. The machine which was found at Gondia City Scan Centre duly registered is G.E.Logic 3 (Colour Doppler) and whereas the machine which was found unregistered in the Apex Sonography Centre,Gondia run by the present applicant is also same one.
Therefore, the complaint was filed seeking prosecution under Sections 23 and 25 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)Act, 1994. 4] Evidence before charge was conducted before learned Magistrate, Thereafter, the application for discharge was moved and same was rejected by learned Magistrate on 26/2/2013. After recording the evidence of complainant before charge the learned Magistrate directed framing of charge below Exh.1 on 17/9/2013 which was the subject matter before the learned Revisional Court.
5] According to learned counsel for applicant, after purchase of machine from Gondia C.T.Scan Centre, had moved an application before the authority in Form-A on 3/9/2010 and he has paid the requisite fee also. He invited my attention to the said application alongwith copy of the receipt showing payment of the ::: Uploaded on - 04/09/2017 ::: Downloaded on - 05/09/2017 01:28:45 ::: apl.24.17 4 amount. He further submitted that in view of Sub-Rule 5 of Rule 6 of the rules made under the said Act, it is the duty of the authority to communicate about rejection of the application or grant of certificate. Nothing that sort has been done and therefore, there is no material to frame charge against the present applicant. 6] I am afraid that submissions of learned counsel for the applicant could be entertained in view of specific provisions of Sections 18 and 19 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)Act, 1994. The learned Judge of the Revisional Court has rightly considered the provisions of the Act.
7] Rule 6, framed under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)Act, 1994 dealt with certificate of registration. It deals with the procedures for obtaining certificate. There is no substantial provision in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)Act, 1994 to show that in the absence of communication of the rejection of the application for registration there may be any 'deemed registration' of a particular machine. In ::: Uploaded on - 04/09/2017 ::: Downloaded on - 05/09/2017 01:28:45 ::: apl.24.17 5 absence of that, it cannot be said that at the relevant time the applicant was holding any valid licence.
8] If there is material which gives even rise to grave suspicion against accused is sufficient for framing of charge. The degree of the evidence in respect of the framing of charge and the degree of evidence for appreciating the prosecution case for conviction or acquittal are altogether different. The learned Revisional Court in my view has not committed any mistake in dismissing the revision.
9] In view of the fact that, at the time when the centre of the applicant was visited that time the applicant was not holding any certificate in respect of the machine in question. In that view of the matter, the application is not having any merits and same is liable to be dismissed.
The application is dismissed.
The interim order passed by this Court on 29/6/2017 stands vacated.
Rule is discharged.
JUDGE kitey ::: Uploaded on - 04/09/2017 ::: Downloaded on - 05/09/2017 01:28:45 ::: apl.24.17 6 ::: Uploaded on - 04/09/2017 ::: Downloaded on - 05/09/2017 01:28:45 :::