HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 29
Case :- U/S 482/378/407 No. – 1429 of 2014
Applicant :- Dr. L.J Keshri (Dr. Laxmanji Keshri)
Opposite Party :- The D.M., Lucknow Appropriate Authority Under P.C.P.N.D.T.C
Counsel for Applicant :- Yogesh Kesarwani
Counsel for Opposite Party :- Govt. Advocate
Hon’ble Ashwani Kumar Singh,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate.
By means of this petition, the petitioner has prayed for setting aside the impugned summoning order dated 2/9/2011 passed by the learned Chief Judicial Magistrate “P.C.P.C.D.T.(Pre-Conception and Pre-Natal Diagnostic Techniques(Prohibition of Sex Selection) Act, 1994 V/S Amar Singh, Sanchalak and X-ray Technician Sukh Diagnostic Centre and others.
Learned counsel submits that the allegations levelled against the petitioners are false and no case is made out against him.
Per contra, learned State counsel submits that the summoning order is in accordance with law and the same has been passed after application of mind. Prima facie case is made out against the petitioners.
Having considered the matter, I am of the view that the summoning order dated 2/9/2011 does not suffer from any illegality and the same has been passed with due application of mind, as such, no interference is warranted in the matter. The petition is accordingly dismissed.
However, it is provided that if the petitioner appears before the court concerned within 20 days from today and moves application for bail, his bail application shall be considered and disposed of on its own merit, expeditiously, in accordance with the law laid down by the Apex Court in Lal Kamlendra Pratap Singh Vs State of U.P., reported in 2009(1) JIC 677:2009(2) Crimes 4(SC).
Order Date :- 31.3.2014