Allowed

Surjatha, PROPRIETOR,42 Yrs, v. Dr.E.Kalivaradhan, Md.

Madras HC30 Nov 2021CRL OP/24324/2017

Case brief

AI extract

What is this about?

Allowed bail petition filed under Section 482 Cr.P.C. to quash a complaint regarding violations of Maintenance of Records and Intimation of Changes under the PNDT Act. The Court held the complaint was barred by limitation as filed beyond one year without sufficient reasons.

What did the court decide?

The complaint in C.C.No.59 of 2017 was quashed and connected miscellaneous petitions were closed.

Surjatha, PROPRIETOR,42 Yrs, Vs… — Child Sexual Offences (POCSO) | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 30.11.2021

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CORAM :

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THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

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Crl.O.P.No.24324 of 2017 and Crl.M.P.Nos.14142 & 14143 of 2017

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Sujatha ... Petitioner

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Vs.

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Dr.E.Kalivaradhan, MD., Appropriate Authority, Joint Director of Medical and Rural Health Service, No.79, Veppamard Street, Velapadi, Vellore – 632 001 Vellore District. ... Respondent

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Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.59 of 2017 on the file of the Judicial Magistrate No.1, Tirupattur, Vellore District, and quash the same.

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For Petitioner : Mr.V.Karthic Senior Counsel for M/s.K.V.Law Firm

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For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

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This Criminal Original Petition has been filed to quash the complaint in C.C.No.59 of 2017 on the file of the Judicial Magistrate No.1, Tirupattur, Vellore District.

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2.The complaint has been filed for violation of Rules 9 and 13 under Prevention Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (“the Act” for brevity) and Pre-Natal Diagnostic Techniques (Prohibition of Sex-Selection) Rules, 1996 (“the Rules” for brevity), which attracts punishment under Section 25 of the Act, which is

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https://hcservices.ecourts.gov.in/hcservices/

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punishable by imprisonment for three months or a fine which may extend upto Rs.1,000/- or both.

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3.The case of the prosecution in a nutshell is that, on an inspection conducted on 18.02.2016 by the National Inspection Monitoring committee, they found that the accused has not maintained Form-F as per Rule 9 and they have not notified the change of equipments, as per Rule 13 of the Rules.

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4.The main contention of the learned Senior Counsel appearing for the petitioner is that Rule 9 pertains to maintenance and preservation of records and Rule 13 is with regard to intimation of change in employees, place or equipments. It is his contention that the punishment provided under the Act is only an imprisonment for three months with a maximum fine of Rs.1,000/-. The learned Senior Counsel further submitted that the prosecution ought to have been initiated within one year from the date of offence, whereas, in this case, the prosecution has been initiated beyond the period of one year, therefore, the Court ought not to have taken cognizance as per Section 468 Cr.P.C. Hence, the learned Senior Counsel prayed for quashment of the complaint.

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5.Heard the learned counsel on either side and perused the materials available on record.

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6.Rule 9 of the Rules reads as follows :

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“9. Maintenance and preservation of records.-

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(1) Every Genetic Counselling Centre, Genetic

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Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centre shall maintain a register showing, in serial order, the names and addresses of the men or women given genetic counseling, subjected to pre-natal diagnostic procedures or pre-natal diagnostic tests, the names of their spouses or fathers and the date on which they first reported for such counseling, procedure or test.

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(2) The record to be maintained by every Genetic Counselling Centre, in respect of each woman counselled shall be as specified in Form D.

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(3) The record to be maintained by every Genetic Laboratory, in respect of each man or woman subjected to any pre-natal diagnostic procedure/technique/test, shall be as specified in Form E.

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(4) The record to be maintained by every Genetic Clinic, in respect of each man or woman

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subjected to any pre-natal diagnostic procedure/technique/test, shall be as specified in Form F.

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(5) The Appropriate Authority shall maintain a permanent record of applications for grant or renewal of certificate of registration as specified in Form H. Letters of intimation of every change of employee, place, address and equipment installed shall also be preserved as permanent records.

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(6) All case related records, forms of consent, laboratory results, microscopic pictures, sonographic plates or slides, recommendations and letters shall be preserved by the Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic or Imaging Centre for a period of two years from the date of completion of counseling, prenatal diagnostic procedure or pre-natal diagnostic test, as the case may be. In the event of any legal proceedings, the records shall be preserved till the final disposal of legal proceedings, or till the expiry of the said period of two years, whichever is later.

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(7) In case the Genetic Counselling Centre or Genetic Laboratory, Genetic Clinic, Ultrasound Clinic or Imaging Centre maintains records on computer or other electronic equipment, a printed copy of the record shall be taken and preserved after authentication by a person responsible for such record.

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(8) Every Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centre shall send a complete report in respect of all pre-conception or pregnancy related procedures/techniques/tests conducted by them in respect of each month by 5th day of the following month to the concerned Appropriate Authority.”

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7.Rule 13 of the Rules reads as follows :

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“13. Intimation of changes in employees, place or equipment. – Every Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centre shall intimate every change of employee, place, address and equipment installed, to the Appropriate Authority within a period of thirty days of such change.”

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8.The above Rules make it clear that Rule 9 deals with maintenance of records and Rule 13 deals with intimation of change in employees, place or equipments. Though these Rules do not make it an offence, Section 25 of the Act is a penal provision for violation of the Rules. The punishment provided under the Act for such violation is thee months imprisonment or a fine which may extend upto Rs.1,000/- or both.

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9.It is not the case of the prosecution that there was a continuing contravention which attracts additional punishment. Such being the fact, the prosecution ought to have been initiated within a period of one year as per Section 468(2)(b) Cr.P.C. Further, the very complaint itself indicates that the complaint was filed on 22.06.2017, which is beyond the period of one year from the date of offence. It is not the case of the prosecution that there were sufficient reasons for such delay. For the no such reasons being assigned and no order specifically passed by the learned Magistrate to condone the delay in the interest of justice to continue the prosecution. Therefore, the Court ought not to have taken cognizance of the offence on the belated complaint. In such view of the matter, the very entertainability of the complaint itself is not in accordance with law and is barred by limitation. Therefore, this Court is inclined to quash the complaint.

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10.Accordingly, this Criminal Original Petition is allowed and as a sequel, the proceedings in C.C.No.59 of 2017 on the file of the Judicial Magistrate No.1, Tirupattur, Vellore District, is quashed. Consequently, connected miscellaneous petitions are closed.

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Sd/-

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Assistant Registrar(CS-VII)

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// True Copy //

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Sub Assistant Registrar

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mkn

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1.The Judicial Magistrate No.1, Tirupattur,

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Vellore District.

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2.The Appropriate Authority, Joint Director of Medical and Rural Health Service, No.79, Veppamard Street, Velapadi, Vellore – 632 001 Vellore District.

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3.The Public Prosecutor, High Court, Madras.

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+1cc to M/s.K.V.Law Firm, Advocate SR.No.62508

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Crl.O.P.No.24324 of 2017

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KG(CO) CB(14/12/2021)

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https://hcservices.ecourts.gov.in/hcservices/