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Bombay High CourtAPPLN/557/2015disposed off

Smita Sandip Patil v. The Appropriate Authority, Sub District Hospital, Jalgaon And Another

2015-02-03Hon'Ble Shri Justice V.M. Deshpande2 pages

G.A.Ghule [P.A.] 1/2 cri.appln. 557.15 in c.a.4496.13.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CRIMINAL APPELLATE JURISDICTION.

Criminal Application No. 557 Of 2015.

(Appln.to allow production of documents) In Criminal Application No. 4496 Of 2013.

SMITA SANDIP PATIL

VERSUS

THE APPROPRIATE AUTHORITY, SUB DISTRICT HOSPITAL, JALGAON AND ANOTHER.

...

Appearance => Mr. B.R. Waramaa, Advocate for the Applicant. Mr. S.A. Ambad, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. DESHPANDE, J.

DATE :

3rd FEBRUARY, 2015.

Per Court :- Criminal Application No. 557 Of 2015 is allowed. Documents are taken on the record.

[2] Criminal Application No.4496/13 is filed to challenge the order of issuance of process which is passed by the court below for the commission of offences for contravention of proviso of Section 4(3) read with Section/s 5 and 6 punishable under Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003, for contravention of Section 29 punishable under Section 23 of the P.C.P.N.D.T. Act for the contraventions of Rules 9(1), 9(4), 9(8) and Rule 10(1A) of P.C.P.N.D.T. Rules each of which punishable under Section 23 of

2/2 cri.appln. 557.15 in c.a.4496.13.sxw the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 2003.

[3] The learned counsel for the applicant points out that the incident for which the present applciant is prosecuted, in fact, said lady has delivered female child on 1st Decmeber, 2011. [4] In that view of the matter, "Rule".

[5] Interim order granted in favour of the applicant to continue, during the pendency of present Application.

(V.M. DESHPANDE, J.)