Dr.Suhasini Shitoot Vs. State of Rajasthan & Anr.

S.B. CRIMINAL MISC. PETITION NO.2693/2013
(Dr.Suhasini Shitoot Vs. State of Rajasthan & Anr.)
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR
S.B. CRIMINAL MISC. PETITION NO.2693/2013
(Dr.Suhasini Shitoot Vs. State of Rajasthan & Anr.)
Date of Order : 09th March, 2015
HON’BLE MR. JUSTICE M.N.BHANDARI
Mr.V.K.Gupta, for the petitioner/s.
Mr.Jitendra Shrimali, Public Prosecutor for the State.
By the Court:
By this criminal misc. petition, a challenge is made to
the proceedings before the Special Additional Chief Metro
Magistrate (PCPNDT Act Cases) in Criminal Case No.127/2012.
Learned counsel submits that without any offence, the
case has been registered. The petitioner had closed the centre
and on her request, the sonography machine was also sealed by the
competent authority. On the date of inspection, the centre was
found in closed condition and sonography machine was in the store.
Ignoring the aforesaid, the case was registered against the
petitioner and thereupon, the complaint was filed. When the
petitioner was not operating the sonography machine, rather it was
sealed by the competent authority, violation of Pre-conception
and Pre-natal Diagnostic Techniques (Prohibition of Sex
S.B. CRIMINAL MISC. PETITION NO.2693/2013
(Dr.Suhasini Shitoot Vs. State of Rajasthan & Anr.)
2
Selection) Act, 1994 (for short “Act of 1994”) does not arise.
It is moreso when, as per the inspection report itself, the centre
was found in the closed condition. The petitioner was not operating
the centre, thus license to operate the machine was not renewed.
It cannot be taken as an offence unless one is found operating the
sonography machine. The non-production of old license does not
constitute an offence. The petitioner had shown the seal of the
sonography machine to the authorities, though it was not found on
the machine, as the paper seal had come out but merely for that
reason, case would not be made out against the petitioner. In view
of above, the proceedings may accordingly be dropped.
Learned Public Prosecutor has opposed the petition.
I have considered the submissions made by learned
counsel and perused the record.
The perusal of the inspection report at Annexure – 5
reveals that sonography machine was lying in the store room and
the institution was found in the closed condition. A copy of the
seal affixed by the non-petitioner/s on the sonography machine
was shown by the learned counsel, during course of the arguments.
When the sonography machine was not operational so as the
S.B. CRIMINAL MISC. PETITION NO.2693/2013
(Dr.Suhasini Shitoot Vs. State of Rajasthan & Anr.)
3
centre, the question of an offence under the Act of 1994 does not
arise. The complaint was filed without taking note of the
inspection report, rather it was deliberately ignored.
In view of the aforesaid, I do not find that complaint
in those circumstances would be maintainable for offences under
the Act of 1994. It is not a case where any patient was found at
the time of inspection or centre was found operational. Thus, the
Court below was required to consider the aforesaid apart from
other facts. I am of the opinion that case was not made out to file
complaint against the petitioner looking to the inspection report.
Accordingly, the proceedings so as the complaint in
criminal case No.127/2012 are quashed.
With the aforesaid, this criminal misc. petition is
allowed. This disposes of the stay application as well.
(M.N. BHANDARI), J.
S/No.4
Preeti, P.A.
All corrections made in the judgment/order have been incorporated in the
judgment/order being emailed.
Preeti Asopa
P.A.

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