Application No. 13978 of 2017. Case: Dr. Vijay Singh Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberApplication No. 13978 of 2017
CounselFor Appellant: Nipun Singh, Adv.
JudgesSurya Prakash Kesarwani, J.
IssueCriminal Procedure Code - Section 482
Judgement DateMay 09, 2017
CourtHigh Court of Allahabad (India)


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 4.4.2017, passed by the Sessions Judge, Muzaffarnagar, in Criminal Revision No.61 of 2017 (Dr. Vijay Singh Vs. State of U.P. and another) and order dated 19.2.2016, passed by the C.J.M., Muzaffarnagar in Complaint Case No.8596 of 2015 (Dr. B.K. Ojha Vs. Dr. Vijay Singh) and as well as the entire proceedings of complaint case No.8596/9 of 2015 (Dr. B.K. Ojha Vs. Dr. Vijay Singh) under Sections 23 and 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, P.S. - Kotwali, District - Muzaffarnagar, pending before the learned C.J.M., Muzaffarnagar. The applicant has also prayed to quash the entire proceedings of the aforesaid complaint case.

Learned counsel for the applicant submits that the facts involved in this application are similar to those involved in Criminal Application U/S 482 No. - 14107 of 2017 with some little difference. He submits that against the order of cancellation of registration of the application under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, (hereinafter referred to as "the Act"), the applicant has filed an appeal before the appellate authority which is pending. The complaint case filed by the opposite party no.2 is an abuse of process of Court and, therefore, deserves to be quash.

Learned A.G.A. supports the impugned summoning order as well as order passed by the revisional Court.

I have carefully considered the submission of learned counsel for the parties.

Perusal of the complaint shows serious allegations prima facie indicating commission of offence under the Act. The learned C.J.M., Muzaffarnagar while passing the impugned summoning order in complaint case no.8596 of 2015 (Dr. B.K. Ojha Vs...

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