Mahfooz Ultrasound Clinic Vs State Of U.P. And Another

HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. – 33

Case :- APPLICATION U/S 482 No. – 20173 of 2013

Applicant :- Mahfooz Ultrasound Clinic
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Shambhavi Nandan,Rajeev Kumar Srivastava
Counsel for Opposite Party :- Govt. Advocate

Hon’ble Ramesh Sinha,J.
Heard Sri Shambhavi Nandan, learned counsel for the applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 27.4.2013 passed by C.J.M, Kushinagar in Complaint Case No.1865 of 2013 u/s 4(3), 29, 9(4), 10 (1-A) of the Pre-Conception and Pre Natal Diagnostice Techniques (Prohibition of Sex Selection) Act, 1994 and Rules 1996, P.S. Kotwali Hata, district Kushinagar.
It has been contended by the learned counsel for the applicant that the applicant’s ultrasound machine was seized by the concerned authority and his license under the P.N.C.D.T Act was cancelled vide order dated 16.3.2013, copy of which is annexed as annexure no.3 to the accompanying affidavit. Against the said order he has preferred a statutory appeal before the General Family Welfare Director, Lucknow and the said appeal is pending. There is no allegation against the applicant for determination of sex of fetous and only allegation is that he failed to produce relevant record to the authorities. The appeal is pending against the order dated 16.3.12013 by which it was ordered to lodge complaint u/s 28 of P.N.C.D.T Act is under challenge, hence the proceeding cannot be initiated against the applicant. The present proceeding has been initiated against the applicants for malicious prosecution by opposite party no.2.
Notice on behalf of opp. party No.1 has been accepted by the learned AGA.
Issue notice to opp. party No.2 returnable within four weeks at the address given in the petition. If the requisites for issuing the notice under Registered Postal Cover With Acknowledgement Due are not filed within ten days, this petition shall stand dismissed without further reference to any Bench of this Court. Opp. party No.2 may file counter affidavit within four weeks. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks.
List immediately after expiry of the aforesaid period.
Till the next date of listing, further proceedings of the aforesaid criminal case against the applicant shall remain stayed.
The court hopes and trust that the Appellate Authority concerned would decide the appeal of the applicant expeditiously so that the purpose of the Act may not be defeated.
Learned AGA shall send the copy of the certified copy of this order to the Appellate Authority concerned for it’s information and necessary action.
Order Date :- 21.6.2013
Gaurav

 

HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. – 51

Case :- APPLICATION U/S 482 No. – 20173 of 2013

Applicant :- Mahfooz Ultrasound Clinic
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Shambhavi Nandan,Rajeev Kumar Srivastava
Counsel for Opposite Party :- Govt. Advocate

Hon’ble Ramesh Sinha,J.
Re: Criminal Misc. (Correction) Application No.20173 of 2013.
Heard Sri R.K. Srivastava, learned counsel for the applicant.
The correction application is allowed and the order dated 21.6.2013 is corrected as follows:
“In the order dated� 21.6.2013, in the 4th line the date “27.4.2013”� shall be deleted and in it’s place “27.5.2013” shall be read and also in 7th line the word “Police Station Kotwali Hata” shall be deleted and in it’s place “Police Station Padrauna” shall be read and also in 10th and 16th line order dated “16.3.2013” shall be deleted and in it’s place “22.4.2013 shall be read.
Order Date :- 10.7.2013
Gaurav

 

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