court has no jurisdiction to take cognizance of any offence except on a complaint made by the appropriate authority.– Allahabad High Court
The Allahabad High Court, in a significant judgment, has underscored the importance of statutory compliance in the filing of complaints under the Pre-Conception & Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The court allowed an application filed under Section 482 of the Criminal Procedure Code, seeking to quash an order and the proceedings against Dr. Vinod Kumar Bassi in a case alleging violation of the said Act.
Brief on Legal Point:
The legal crux of the judgment revolves around the interpretation of Sections 3, 17, 23, and 28 of the Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994. The primary question was whether the Additional Chief Medical Officer, who initiated the complaint, qualified as the ‘appropriate authority’ as prescribed under the Act.
Facts and Issues:
Dr. Bassi was accused of violating the provisions of the Act in his diagnostic centre. The complaint was filed by the Additional Chief Medical Officer, Hardoi. The applicant challenged the competency of the officer to file such a complaint, stating that as per the Act, only a complaint made by the ‘appropriate authority’ is cognizable.
Detailed Court Assessment:
Incompetence of Complainant: The court observed that the Additional Chief Medical Officer is not the ‘appropriate authority’ as defined under the Act. This designation, according to a government notification, lies with the District Magistrate.
Jurisdictional Competence: Analyzing Section 28, the court emphasized that courts can only take cognizance of offences under the Act on a complaint made by the designated appropriate authority. Since the Additional Chief Medical Officer did not fit this criterion, the complaint was deemed incompetent.
Statutory Compliance: The judgment highlighted the importance of adhering to the procedural and substantive stipulations of the Act. The court stressed that legal actions under such specialized legislation must strictly follow statutory mandates.
Decision: In light of these observations, the Allahabad High Court allowed the application, quashing both the order dated 03.06.2014 and the entire proceedings of Case No. 4495 of 2011. The court’s decision reinforces the principle that legal proceedings must align with the precise requirements of the relevant legislation.
Date of Decision: March 22, 2024
Dr. Vinod Kumar Bassi Vs. The State Of U.P And Anr.
