PCPNDT : A Private complaint filed without any legal authority was quashed relying upon Hon. Supreme Court Judgment. Adv. ROHiT ERANDE ©
PCPNDT : A Private complaint filed without any legal authority was quashed by Hon. Telangana High Court, relying upon the Judgement of Hon. Supreme Court. Adv. ROHiT ERANDE © Facts of the case in short : 1. The Respondent No.2 herein filed a complaint under Section 28 of the PCPNDT Act & by an order, dated 11.12.2019, the learned III-Additional Chief Metropolitan Magistrate at Hyderabad, has taken cognizance of the offence against the Accused and ordered for issuance of summons against which the present Criminal Petitions are filed by A-1, A-2 and A-5 to A-7 before Hon'ble Telangana High Court. 2. The only contention raised on behalf of the Petitioner Doctors was that as per Sec.28 of the PCPNDT Act, the Court can take cognizance of an offense only on a complaint made by the concerned appropriate authority and as the Respondent No.2 is not the appropriate authority he has no authorization to file the complaint, therefore, the proceedings against the petitioners are lia...