Application No. 14107 of 2017. Case: Dr. Manju Parveen Vs State of U.P. and Another. Allahabad High Court

Case NumberApplication No. 14107 of 2017
CounselFor Appellant: Nipun Singh, Adv.
JudgesSurya Prakash Kesarwani, J.
IssueCriminal Procedure Code - Section 482; Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - Sections 23, 25
Judgement DateMay 09, 2017
CourtAllahabad High Court

Judgment:

Surya Prakash Kesarwani, J.

Heard learned counsel for the applicant and the learned A.G.A.

This application has been filed under Section 482 Cr.P.C. praying to quash the impugned order dated 9.2.2017 in Criminal Revision No.300 of 2016 (Dr. Manju Parveen Vs. State of U.P. and another), passed by the learned Additional District and Sessions Judge, Court No.8, Muzaffarnagar as well as the summoning order dated 19.2.2016, in case no.8598/9 of 2015 (Dr. B.K. Ojha Vs. Dr. Manju Parveen) under Sections 23 and 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, passed by the learned C.J.M., Muzaffarnagar. The applicant has also prayed to quash the entire proceedings of the aforesaid complaint case.

Submission of learned counsel for the applicant is that on the basis of an inspection dated 29.9.2015 a show cause notice was issued to the applicant for cancellation of registration under the aforesaid Act and by order dated 5.10.2015 the registration of the applicant was cancelled with immediate effect. Against the aforesaid order of cancellation of registration, the applicant filed an appeal no.55 of 2015, which was dismissed by the appellate authority vide order dated 20.7.2016. The applicant filed Writ C No.48110 of 2016 (Vimla Memorial Hospital and another Vs. State of U.P. and 3 others) to challenge the aforesaid two orders. By order dated 18.10.2016, the Writ Court stayed the operation of the cancellation order dated 5.10.2015 and appellate order dated 20.7.2016. On these facts, learned counsel for the applicant submits that since the order of cancellation of registration has been stayed by the Writ Court and as such continuation of criminal proceedings pursuant to the impugned summoning order dated 19.2.2016 in complaint case no.8598/9 of 2015 as been affirmed by the Revisional Order dated 9.2.2017, passed in Criminal Revision No.300 of 2016, is an abuse of process of Court and, therefore, deserves to be quashed. He, further submits that the complaint itself is malicious and no offence has been made out and, therefore, the entire proceedings deserves to be quashed.

Learned counsel for the applicant has also relied upon a decision of Aurangabad Bench of Bombay High Court in Criminal Revision no.1381 of 2015 (Dr. Sai Vs.The State of Maharashtra and another) decided on 27.9.2016. On the basis of this judgment he submits that minor discrepancies in not properly filing up form or...

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