Court No. – 48
Case :- APPLICATION U/S 482 No. – 7924 of 2015
Applicant :- Dr. Sanjay Sharma And Another
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Sanjay Kumar Yadav,Rajiv Lochan Shukla
Counsel for Opposite Party :- Govt. Advocate
Hon’ble Vipin Sinha,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C., has been filed for
quashing the entire proceeding of complaint case no. 2847 of 2014, U/s 18(1),
3(1), 3-B and 3(3) of the Pre-Conception and Pre-Natal Diagnostic
Techniques (Prohibition of Sex Selection) Act, 1994 and Rule 3-A(1) of the
Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996
pending in the court of CJM, Azamgarh.
The contention of the counsel for the applicants is that applicant no.1 is a
doctor. It is further contended that as far as question of registration is
concerned, the applicant had applied for registration with regard to the use of
machinery and the same was pending. The second allegation being that the
register shows that ultrasonography was done is denied because the ultrasonic
plates have not been placed on record.
However, there being disputed questions of facts, this Court does not deem it
fit to interfere with the same.
However, in view of the facts and circumstances of the case, it is provided
that in case, the applicants move an appropriate application for discharge
through counsel before the concerned Court below within a period of one
month from today, the same shall be considered and disposed off as
expeditiously as possible in accordance with law, by the concerned Court
below preferably within a period of four months, thereafter. For a period of
five months from today or till the disposal of the discharge application,
whichever is earlier, no coercive action shall be taken against the applicants in
the aforesaid case.
In case no such application is filed within a period of one month from today,
as prescribed above, the present order shall stand automatically vacated.
With the aforesaid directions, this application is finally disposed off.
Let a certified copy of this order be given today itself to the learned counsel
for the applicants on payment of usual charges.
Order Date :- 13.4.2015/Kuldeep
Court No. – 48