[Sex Determination] Offences Under PCPNDT Act Cognizable, Registration Of FIR Not Barred Under Law: Delhi High Court

The Delhi High Court has held that the offences under the Pre-Conception & Pre Natal Diagnostic Technique (Prohibition of Sex Selection) Act, 1994, are cognizable and registration of FIR and investigation by the Police under the enactment, per se, is not barred under law.Justice Neena Bansal Krishna observed that though Section 28 of PC & PNDT Act is specific in providing that the cognizance can be taken only on the Complaint, but it does not bar the registration of FIR or the investigations to be conducted or a chargesheet to be filed.“From the harmonious reading of the provisions of PC & PNDT Act, which make the offences as cognizable and non-bailable along with the provisions of CrPC, it cannot be said that no FIR can be registered or that the registration of FIR is barred under PC & PNDT Act,” the Court said. “….. Rule 18A(3)(iv) of PC & PNDT Act provides that as far as possible, Police being not involved for investigating cases under the Act, which again implies that the investigations by the Police, are not completely ousted. The Act also envisages investigations by the Police, if so required,” it added. The Court dismissed a petition filed a research institute and two doctors seeking quashing of an FIR registered against them on the basis of a joint inspection report. It was their case no Seizure Memo or document was issued to the institute while taking away the documents. It was also alleged that the authorities illegally took away the DVR of CCTV. It was submitted that the allegation that the Institute failed to show the approval to run Ultrasonography Training was unfounded.Dismissing the plea, Justice Krishna observed that in the present case, cognizance was taken neither on the FIR nor on the chargesheet but on the Complaint filed separately by District Appropriate Authority. “The Report under Section 173 CrPC is only a part of investigation as the initial Search, Seizure, etc. was carried out by the DAA. Therefore, this ground for seeking quashing is also without merits,” the Court said.It added that the contention of the Petitioners on merits was a subject matter of the trial and cannot be considered for quashing of the Complaint at the initial stage. “Insofar as the grievance in regard to Cancellation of Registration is concerned, there is a separate mechanism for challenging it which has already been availed by the Petitioners,” it said. Title: DR. RANDHAWA ULTRASONOGRAPHY IMAGING AND RESEARCH INSTITUTE & Ors v. STATE OF NCT, DELHICitation: 2025 LiveLaw (Del) 564Click here to read order

[Sex Determination] Offences Under PCPNDT Act Cognizable, Registration Of FIR Not Barred Under Law: Delhi High Court

Nupur Thapliyal

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