P.K.LOHRA,J. - (1.) Accused-petitioner has preferred this misc. petition under Section 482 Cr.P.C. for quashing FIR No.10 of 2017, registered at Police Station PBI, Medical and Health Services, Rajasthan, Jaipur. In the impugned FIR, petitioner is charged for offences punishable under Section 4, 5, 6, 23 and 21 of Pre Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Rule 9 and 10 of the Pre Conception and Pre Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 and Sections 315, 511, 420, 120B of the Indian Penal Code (IPC).
(2.) Succinctly stated, the facts of the case are that on an information received from one Babulal about foetus sex determination racket a decoy was sent where sex determination tests were conducted. The ultrasound machine found at the place and used illegally was seized for violation of the provisions PCPNDT Act, Rules, and the Indian Penal Code with registration of FIR. The present petitioner was the Manager serving at the ultrasound centre.
(3.) Learned counsel for the petitioner submits that on the basis of allegations levelled in the FIR no offence is made out against the petitioner and the impugned FIR is nothing but a sheer abuse of process of law. Learned counsel would contend that sex determination test was not conducted at the ultrasound centre of the petitioner and no incriminating record has been found by the police authorities at the centre as such no offence of PCPNDT is made out against petitioner as detailed in the FIR. Learned counsel for the petitioner further argued that allowing investigation into the impugned FIR would result in abuse of the process of the Court and therefore investigation in the matter be clogged perpetually and the same be annulled. Lastly learned counsel urged that assuming that any offence is committed, the incident is alleged to have been committed at Firozpur Cantt., Punjab and not in Rajasthan, therefore, local police of Firozpur has the jurisdiction to lodge FIR and investigate into the matter as such lodging of FIR by SHO PS PBI Medical and Health Services, Rajasthan is beyond territorial jurisdiction. In support of his arguments, learned counsel has placed reliance on a decision of coordinate Bench of this Court in B.L. Koli v. Union of India, reported in 2010(1) Criminal Law Reporter (Raj.)841 .;