Unique Diagnostic & Research Centre and others vs The State Appropriate Authority and another


CRM-M-24102-2014 1
Date of decision : 28.07.2014
Unique Diagnostic & Research Centre and others
… Petitioners

… Respondents
Present: Mr.Chirag Kundu, Advocate
for the petitioners.
The present petition under Section 482 of the Code of Criminal
Procedure (in short ‘the Cr.P.C.’) has been filed seeking quashing of orders
dated 17.01.2014/21.01.2014 (Annexure P5), 29.04.2014 (Annexure P9),
consequential proceedings/complaint No.26 dated 02.04.2014 under Section
3,4,5,6, 23 & Rules 13/18 (Annexure P10) and complaint No.27 dated
02.04.2014 under Section 4,5,6, 23 & Rule 9 (Annexure P11), pending in
the Court of the Chief Judicial Magistrate, Rewari, summoning order dated
02.04.2014 (Annexures P16) and (Annexure P17) being without
Counsel for the petitioners could not give any satisfactory reply
if the orders dated 17.01.2014/ 21.01.2014 (Annexure P5) and 29.04.2014
(Annexure P9) passed by the authorities under Pre-Conception and PreNatal
Diagnostic Act 1994 are amenable to challenge under Section 482
Cr.P.C. However, counsel for the petitioners fairly conceded that the petition
CRM-M-24102-2014 2
has been filed primarily to challenge the criminal proceedings initiated by
way of complaints filed by respondent No.2 and the summoning orders
passed by the Chief Judicial Magistrate, Rewari.
Perusal of averments set up in the petition would reveal that the
petitioners have raised disputed questions of fact not amenable to
adjudication in proceedings under Section 482 Cr.P.C. The petitioners have
also challenged the competency of respondent No.2-District Appropriate
Authority-cum- Civil Surgeon, Rewari to file the complaint. Though the
petitioners have challenged the criminal complaints but their primary
grievance is against order dated 02.04.2014 passed by the Chief Judicial
Magistrate, Rewari whereby the petitioners have been summoned to face
trial in two criminal complaints preferred by respondent No.2. The
petitioners have not relied upon any such document(s) which cannot be
taken into consideration by the revisional Court. Counsel for the petitioners
has not disputed that summoning order passed in a criminal complaint can
be challenged by filing a revision petition, as has been so held by the
Hon’ble Supreme Court of India in Rajendra Kumar Sitaram Pande Vs.
Uttam, 1999(1) RCR Criminal 800 and Om Kr. Dhankar Vs. State of
Haryana & Anr, 2012(2) RCR (Criminal) 209.
In a latest judgment passed by the Hon’ble Supreme Court in
Mohit alias Sonu and another Vs. State of Uttar Pradesh and another
(2013) 7 Supreme Court Cases 789, the observations made in para 28 are
quoted thus:-
“So far as the inherent power of the High Court as
contained in Section 482 of Cr.P.C. is concerned, the
law in this regard is set at rest by this Court in a
CRM-M-24102-2014 3
catena of decisions. However, we would like to
reiterate that when an order, not interlocutory in
nature, can be assailed in the High Court in
revisional jurisdiction, then there should be a bar in
invoking the inherent jurisdiction of the High Court. In
other words, inherent power of the Court can be
exercised when there is no remedy provided in the Code
of Criminal Procedure for redressal of the grievance. It
is well settled that the inherent power of the Court can
ordinarily be exercised when there is no express
provision in the Code under which order impugned can
be challenged.”
As a specific statutory remedy to challenge the summoning
order by way of revision is available to the petitioners, I do not think it to be
a fit case wherein exercise of jurisdiction under Section 482 Cr.P.C. is
Disposed of accordingly, without prejudice to the rights of the
petitioners to take recourse to appropriate remedy, in accordance with law.
July 28, 2014.
Davinder Kumar


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