A.I.S. Cheema, J. - (1.) THE present Petition has been filed to quash complaint filed by Appropriate Authority (hereafter referred as "complainant") under the provisions of Pre conception and Pre natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereafter referred as "Act") and the Pre conception and Pre natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (hereafter referred as "Rules").
(2.) THE Petition is Admitted and has been heard finally. Learned counsel for the Petitioner as well as learned Public Prosecutor for the Respondents submitted elaborate arguments. With this matter some other similar matters were also argued and Counsel for Petitioners adopted arguments of each other on law points to request for quashment of Criminal Trials against accused. The Petitioners claim that the Petitioner No.1 has got registered sonography centre at Jyoti Maternity Home and Sonography Clinic in Surananagar, Aurangabad. Both the Petitioners are doctors. Petitioner No.1 is running the clinic since 1996. Municipal Corporation granted registration to Petitioner No.1 to run sonography centre in 2002. Respondent No.2 Appropriate Authority, on 4th June, 2012 carried out inspection and only on the ground that Form F has not been properly filled, sealed sonography machines and suspended the registration. The Petitioner No.1 carried appeal to the State Authorities and when the same failed, Petitioner No.1 filed Writ Petition No.10191 of 2012 and got relief in the same. During the pendency of the Writ Petition, Criminal Case No.1635 of 2012 was filed by Respondent No.2 in the Court of Chief Judicial Magistrate, Aurangabad and in the complaint both the Petitioners were made accused. The Petitioner No.2 has no concern with the sonography centre, still she has been made accused. Petition claims that in the complaint no offence has been made out against the Petitioners and the proceedings need to be quashed and set aside.
(3.) ON behalf of the Respondents, affidavit in reply has been filed by Medical Officer of Health, Aurangabad Municipal Corporation denying the contentions raised in the Petition. According to the Respondents, the complaint concerned clearly makes out case under the Act and Rules.;