Madras High Court
M/S.Niharika Hospital vs State Rep By on 25 July, 2023
Crl.O.P.No.3080 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.3080 of 2022
and
Crl.M.P.Nos.1380 & 1381 of 2022
1.M/s.Niharika Hospital,
Registration No.PNA/2326/2003
Under PCFNDT Act,
Registration No.324, Cuddalore Main Road,
Vazhappady, Salem District.
2.M.Selvamba
...Petitioners
vs.
State rep by
District Appropriate Authority of Pre-Conception and
Pre-Natal Diagnostic (Prohibition of Sex Selection) Act, 1994,
Dr.Rathika,
Senior Civil Surgeon and Medical Officer,
Government Taluk Hospital,
Sub District, Vazhappady.
(C.C.No.88 of 2020)
...Respondents
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Crl.O.P.No.3080 of 2022
PRAYER:
Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records in C.C.No.88 of 2020 on the file of
the learned Judicial Magistrate cum Munsif court, Vazhappady, Salem and
quash the same.
For Petitioner : Mr.V.Karthikeyan, for Mr.S.Joel
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed challenging the
proceedings initiated by the respondent against the petitioner in C.C.No.88 of
2020 on the file of the learned Judicial Magistrate cum Munsif court,
Vazhappady, Salem.
2. The grounds raised by the counsel for the petitioners are all factual in
nature and it requires appreciation of evidence and this Court cannot decide the
same in exercise of its jurisdiction under Section 482 of Criminal Procedure
Code. It is left open to the petitioner to raise all the grounds before the Court
below and the same shall be considered on its own merits and in accordance
with law. This Court is not inclined to interfere with the proceedings pending
before the Court below.
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Crl.O.P.No.3080 of 2022
3. The learned counsel for the petitioners requested this Court to
dispense with the presence of the second petitioner. Taking into consideration,
the facts and circumstances of the case, the presence of the second petitioner is
dispensed with and she shall appear before the Court below as and when
required by the Court below and during all the other times, she shall be
permitted to be represented by the counsel. The counsel, who represent the
petitioners, shall cross-examine the witness on the same day, they are examined
in Chief. The second petitioner shall be present before the Court below at the
time of questioning under Section 313 of the Code of Criminal Procedure and at
the time of final judgement.
4. Accordingly, this Criminal Original Petition is disposed of with a
direction to the Court below to complete the proceedings in CC No.88 of 2020
within a period of six months from the date of receipt of a copy of this order.
The trial shall be conducted on a day to day basis in accordance with the
guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs State
of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner adopts any dilatory
tactics, it is open to the trial Court to insist upon the presence of the
petitioner and remand him to custody as per the judgment of the Hon'ble
https://www.mhc.tn.gov.in/judis
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Crl.O.P.No.3080 of 2022
Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH
SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous
petitions are also closed.
25.07.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
nsa
To
1.The Judicial Magistrate cum Munsif Court,
Vazhappady, Salem
2. The Public Prosecutor,
Madras High Court,
Chennai 600 104..
https://www.mhc.tn.gov.in/judis
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Crl.O.P.No.3080 of 2022
N. ANAND VENKATESH, J.
nsa
Crl.O.P No.3080 of 2022
and Crl.M.P.Nos.1380 & 1381 of 2022
25.07.2023
https://www.mhc.tn.gov.in/judis
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