LI NETWORK
Allahabad High Court dismissed an application u/s 482 of CrPc which prayed to quash a summoning order and the entire proceedings.
Petitioner is accused of sex determination of a unborn child and a complaint u/s 28 of PCPNDT Act was filed in Court of CJM, Mathura filed against him.
Advocate appearing for the petitioner submitted to the court that the Civil Surgeon, who conducted the raid had no jurisdiction as they were from Haryana while the petitioner’s clinic was in UP.
In court it was argued that the name of the witness was not clear and also that the witness in the case was a pet witness who was previously a witness in another similar case.
Advocate appearing for petitioner further argued that proceedings against co-accused has been stayed by the Court till the disposal of the application filed u/s 482 and same protection should be extended to the petitioner.
Allahabad High Court remarked that even though an officer from Harayana government conducted the raid, Sub Divisional Magistrate Magistrate Mathura was present during the raid; therefore, the petitioner cannot raise the issue of territorial jurisdiction.
Allahabad High Court cites various judgments and concluded that exercise of inherent jurisdiction under Section 482 Cr.P.C. is within limits.
Court observed that the petitioner should be granted the same protection that was extended to co-accused.
Allahabad High Court held that relief granted to the accused were because of different facts and circumstances.
Bench said petitioner is accused of making a pre-natal determination of sex, the same relief cannot be given to her.
It was also observed that offence is committed inside the chamber of a medical practitioner by misuse of diagnostic techniques, and an appropriate authority conducted this raid.
