JITENDRASINH LALITSINH RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition the petitioner herein has prayed for the following reliefs :-

(2.) It appears that the complaint came to be filed by the respondent authority under the provisions of PC & PNDT Act against the applicant herein which came to be registered as Criminal Case No.1833 of 2011. The petitioner was to be tried for the offence under Sec. 22 of the PC & PNDT Act. Initially complaint came to be filed against the applicant herein under Sec. 20(2) of PC & PNDT Act and process came to be issued under Sec. 22 . The Court below has taken the cognizance under Sec. 22(2) of the Act and complaint was filed for deficiency in Form - F. Pending the said application the respondent authority preferred an application below Exh.12 on 6/2/2016 keeping addition of Sec. 23 in the complaint against the applicant herein in the complaint being Criminal Complaint No.1833 of 2011 pending before the Court below. It appears that the respondent authority preferred an application seeking impleadment of Sec. 23 of the Act in the year 2016, which came to be decided by the learned Judicial Magistrate on 6/6/2018 allowing the application below Exh.12 which is duly produced on record at Annexure-A. The order passed by the Court below while allowing the said application reads thus :-

(3.) Mr. Bhargav Hasurkar, the learned advocate appearing for the applicant vehemently submitted that the learned Magistrate could not have added the Sec. 23 of the PNDT Act after a lapse of five years and also submitted that no new facts by the impugned application below Exh.12 are brought to the record of the Court.