RONGON MUKHOPADHYAY,J. - (1.) Heard the parties.
(2.) In this application, petitioner has prayed for quashing the entire criminal proceedings in connection with Gumla P.S. Case No. 281 of 2013 including the order dated 19.2.2014, passed by the learned Chief Judicial Magistrate, Gumla, whereby and where under cognisance has been taken for the offence under sections 5 (2)6/23/25/29, 18(VIII) Preconception and Pre natal Diagnostic Techniques Prohibition of Sex Selection Act (Hereinafter referred to as the Act).
(3.) A complaint case was instituted wherein it was alleged that Vidyavasisni Ultrasound Clinic was inspected and several irregularities and violation of Diagnostic Technique (Regulation and Prevention of Misuse Act, 1994 ) were detected. It has been alleged that names and designation were not mentioned in the dress worn by the doctors and technicians, which is in violation of Rule 18 (VIII). It has been alleged that besides bed of the patient, there was photo of Lord Ganesha and Sai Baba, which is in violation of Section 5(2) of the Act. The register was also not found strictly in accordance with the norms and Form-F was found incomplete and in place of signature of the doctors, proprietor had signed. It has also been alleged that the provision of Section 29 of the Act has been violated. It has been alleged that from Form-F, it could not be detected as also to for what purpose, test was done and it was presumed that some sex determination test was done. Allegation has also been levelled that Dr. Gorakh Prasad had confessed that due to Cataract Problems he takes help of technicians and technician had also confessed that she starts ultra sound machine and does report before arrival of the doctor.;