Dr. Umesh Kumar Vs the State of Bihar through the Additional Chief Secretary, Dept. of Health, Patna

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81031 of 2023

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Arising Out of PS. Case No.-70 Year-2023 Thana- BHOJPUR COMPLAINT CASE DistrictBhojpur

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======================================================

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Dr. Umesh Kumar Son Of Shri Bhagwan Das Resident Of Village- Nawada Chowk Ara, Ps- Nawada, Dist- Bhojpur

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... ... Petitioner/s

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Versus

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The State Of Bihar Through The Additional Chief Secretary, Dept. Of Health, Patna Bihar

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The District Magistrate, Bhojpur, Ara Bihar

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The Civil Surgeon, Bhojpur Cum Chief Medical Officer, Bhojpur, Ara Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Satyabir Bharti For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 15-01-2024

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1. Heard learned counsel for the petitioner and

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learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

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2. The present quashing application has been filed seeking quashing of the order dated 25.08.2023 passed by the learned Chief Judicial Magistrate, Bhojpur, Ara in Official Complaint Case No. 70(O) of 2023, whereby cognizance of the offence under Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 has been taken.

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3. The learned counsel for the petitioner submits that petitioner was aggrieved by the fact that that his ultrasound and imaging centre in the name and style of Ultra Scan Clinic at

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Patna High Court CR. MISC. No.81031 of 2023(3) dt.15-01-2024 2/3

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Nawada Chowk, Ara, District-Bhojpur was sealed, despite the fact that he had all the relevant documents related to his centre, but since he was in USA at the time when the inspection took place, as such his employees were not in a position to produce all the relevant documents related to the imaging centre, but after his return, he produced all the relevant documents despite that a complaint case was filed in which cognizance was taken as recorded hereinabove.

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4. The learned counsel next submits that it was only after intervention of this court in CWJC No. 12070 of 2023 that his imaging centre was opened, despite the fact that there was a report of the competent authority prior to filing of the aforesaid writ application for unsealing the centre of the petitioner.

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5. The learned counsel further submits that this case was taken on 18-12-2023, when the submission of the petitioner was recorded in detail and stay was granted, at the same time, the District Magistrate, Bhojpur and the Civil Surgeon-cumChief Medical Officer (CMO), Bhojpur were directed to file their separate counter-affidavits. It is next submitted that the District Magistrate and the Civil Surgeon-cum-CMO have filed their separate counter-affidavits, copy of which has been served on him.

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Patna High Court CR. MISC. No.81031 of 2023(3) dt.15-01-2024 3/3

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6. The learned APP, Mr. Chandra Bhushan Prasad, very fairly submits that in view of the stand of the authorities taken in the counter affidavit, it manifests that the imaging centre of the petitioner has been unsealed after perusing the relevant documents, though the relevant documents at the time of inspection could not be produced in absence of the petitioner.

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7. The Court has gone through the pleadings made in the counter-affidavits and also the order dated 18-12-2023, as such after considering the facts of the case and the stand of the District Magistrate and the Civil Surgeon-cum-CMO in their counter-affidavits, the order dated 25.08.2023 passed by the learned Chief Judicial Magistrate, Bhojpur, Ara in Official Complaint Case No. 70(O) of 2023, whereby cognizance of the offence under Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 has been taken, is hereby quashed.

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(Satyavrat Verma, J)

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SUMIT/-

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U T

Dr. Umesh Kumar v. the State of Bihar through the Additional Chief Secretary, Dept. of Health, Patna

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Dr. Umesh Kumar v. the State of Bihar through the Additional Chief Secretary, Dept. of Health, Patna

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