Allowed

Subhash Chandra Singh and Anr. v. State Of Bihar and Anr.

Patna HC21 Nov 2014CR. MISC./31807/2013

Case brief

AI extract

What is this about?

The Patna High Court allowed a petition by an ultrasound clinic seeking to quash the cognizance order passed by the Chief Judicial Magistrate. The Court held that since intimation regarding the new machine was given, the violation did not warrant the penalty of permanent closure recorded in the impugned order.

What did the court decide?

The order dated 16.05.2013 passed by the learned Chief Judicial Magistrate taking cognizance of the case was set aside.

Subhash Chandra Singh and Anr. Vs State… — Constitutional and Fundamental Rights | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31807 of 2013

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Arising Out of PS.Case No. -32 Year- 2013 Thana -GOVERNMENT OFFICIAL COMP. DistrictDARBHANGA

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====================================================== 1. Subhash Chandra Singh Son of Dev Chandra Singh Resident of Allalapatti Chowk, P.S.-Laheriasarai, District-Darbhanga 2. Suchitra Suman Wife of Subhash Chandra Singh Resident of Allalapatti Chowk, P.S.-Laheriasarai, District-Darbhanga

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.... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Ajay Thakur, Advocate Mr. Dudh Nath Singh, Advocate For the Opposite Party : Mr. Dasrath Mehta, APP

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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3 21-11-2014 The petitioners seek quashing of the order dated 16.05.2013 passed by the learned Chief Judicial Magistrate, Darbhanga in connection with G.O. Case No. 32 of 2013, whereby cognizance has been taken under Sections 23, 24 and 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as ‘the Act’).

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An inspection was made in the Ultrasound clinic of the petitioners on 04.04.2013 by the Chief Medical Officer, Darbhanga. It was found out that the organization was being run by the petitioner no.2, who is the wife of petitioner no.1. Since the certificate of registration with the P.N.D.T. Act could not be

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Patna High Court Cr.Misc. No.31807 of 2013 (3) dt.21-11-2014

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produced for inspection of the raiding team, the machine, which was installed for the purposes of ultrasound, was sealed. Later, it was found that the petitioners had the requisite certificate of registration and such license was renewed from time to time. The only violation of the Act and the Rules, as alleged against the petitioners, now which remains to be answered is that when the ultrasound machine gave way, a new machine was purchased and installed without intimating the authorities about such purchase.

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The provisions contained in Rule 13 of the Act makes it incumbent upon such clinics to intimate change of machine, equipment and also the work-force. A show cause notice was issued to the petitioners to explain as to why clinic should not be permanently closed for violation of such rules. The explanation, which was given by the petitioners, indicated that even with respect to change of machinery intimation was given to the concerned authorities in time. Only after having been satisfied with such explanation, it has been argued, that the seal was opened.

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Considering the aforementioned factual aspects, the order taking cognizance dated 16.05.2013 passed by the learned Chief Judicial Magistrate, Darbhanga in connection with G.O. Case No. 32 of 2013 is set aside.

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Patna High Court Cr.Misc. No.31807 of 2013 (3) dt.21-11-2014

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The application is allowed.

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(Ashutosh Kumar, J)
Pawan/-
U T

Subhash Chandra Singh and Anr. v. State Of Bihar and Anr.

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Subhash Chandra Singh and Anr. v. State Of Bihar and Anr.

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