PCPNDT ACT;Appropriate authority can file complaint against Doctor without taking advise of Advisory Committee

 I am of the view that the appropriate authority 
may   take   into   consideration   the   recommendations   of   the   Advisory 
Committee.  It is not the intent of law that the appropriate authority cannot 
file   any   complaint   or   take   any   action   without   there   being   advise   of   the 
Advisory Committee.   In view thereof, I do not find any substance in the 
application for quashing the proceedings lodged against the applicant.   At 
this   stage,   the   learned   counsel   for   the   applicant   prays   for   permitting   the 
applicant to use the Sonography Machine seized by the appropriate authority. 
I am not inclined to grant this relief as, in my considered opinion, this case 
can be disposed of on merits within a period of two weeks of framing of 
charge or explaining the particulars, as the case may be.1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
  

CRIMINAL APPLICATION (APL) NO.697 OF 2012

Dr. Dadarao Sitarm Parwe, 
Aged about 66 years, 
Occupation – Medical Practitioner,
R/o Sindhkhed Raja, Tq. Sindhkhed 
Raja, District Buldhana.1
V
1) The State of Maharashtra, 

                             CORAM : M.L. TAHALIYANI, J.
                              DATED   : 5   APRIL, 2013.

Citation;2013 ALL M R(cri) 2699

Heard learned Counsel Shri Anand Deshpande for the applicant 
and   Learned   Additional   Public   Prosecutor   Shri   S.S.   Doifode   for   the 
Admit.    Heard  finally by  consent  of  learned  Counsel  for   the 

2.
non­applicant.
3.
parties. 
The applicant has been prosecuted by the appropriate authority 
under the Pre­conception and Pre­natal Diagnostic Techniques (Prohibition 
of Sex Selection) Act, 1994 for the offences punishable under Sections 23 
and 25 for having committed breaches of various provisions of the Act and 
Rules.  
4.
During the course of arguments, it was noticed that first ever 
breach alleged against the applicant is that he had disclosed the sex of foetus 
to one of the pregnant women.  However, there is no further material in the 
complaint in this regard.  Therefore, the charge in this respect appears to be 
highly questionable.   As far as other breaches are  concerned, the learned 
counsel for the applicant has not been able to place any material to show 
that provisions of the Act and Rules have been complied with and that the 
applicant   has   not   committed   any   breach   as   alleged   by   the   appropriate 

authority.   In the absence of definite or admitted material before me, it is not 
possible to examine the issues under Section 482 of the Criminal Procedure 
Code. 
Learned Counsel Shri Anand Deshpande has further submitted 
5.

that the appropriate authority cannot file any complaint without there being 
advise of Advisory Committee.  After having gone through the provisions of 
the   Act   and   Rules,   I   do   not   agree   with   the   submission   made   by   learned 
Counsel for the applicant.   I am of the view that the appropriate authority 
may   take   into   consideration   the   recommendations   of   the   Advisory 
Committee.  It is not the intent of law that the appropriate authority cannot 
file   any   complaint   or   take   any   action   without   there   being   advise   of   the 
Advisory Committee.   In view thereof, I do not find any substance in the 
application for quashing the proceedings lodged against the applicant.   At 
this   stage,   the   learned   counsel   for   the   applicant   prays   for   permitting   the 
applicant to use the Sonography Machine seized by the appropriate authority. 
I am not inclined to grant this relief as, in my considered opinion, this case 
can be disposed of on merits within a period of two weeks of framing of 
charge or explaining the particulars, as the case may be.  Hence, I pass the 
following order. 

The application stands dismissed. 

The trial Court is directed to commence trial of the case immediately 
after receipt of copy of order of this Court and try to decide the same within 
a period of fifteen working days from the date of framing of charge.
Ad interim order, if any, shall stand vacated.
ig
Steno copy of this order shall be given to the learned Counsel Shri 
Anand Deshpande for the applicant as per rules.
The learned trial Court is directed to act upon the steno copy.
      
       JUDGE.

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