PCPNDT ACT

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...

Medical Officer of Municipal Corporation is not the Competent Authority under PCPNDT Act.  Hon. Supreme Court dismissed the Petition filed by the Authority. It thereby confirms the decision of Hon'ble Bombay High Court. Adv. ROHiT ERANDE. © Facts in short : 1.The case takes us to Aurangabad, Maharashtra. The Petitioner Doctor Duo-  runs a Hospital  in the name of Matoshri Hospital. The Petitioner No.1,  Dr. Tanuja Barde being the   Gynecologist and her  chest specialist -  husband, viz. Dr. Shriniwas Barde, the Petitioner No.2 is a Government servant. Both of them challenged  the action of suspension of thier license of Sonography Center by the then Acting Competent  Authority (AA) Respondent no.2 i.e.  the Medical Officer of Nanded Municipal Corporation, Nanded. It is interesting to note that the  Respondent No. 2 filed a private complaint bearing R. C. C. No. 392 of 2013 alleging that a...

Exemption from mandatory 6 months training  for MBBS Doctors for performing Ultrasound :   No Penal action to be taken against Doctors having minimum 15 years of Experience  Adv. Rohit Erande,    © The legality of 6 months Training for MBBS Doctors for performing Ultrasound again came for their lordships of Hon. Supreme Court in a Petition filed by Dr. Anil Wasti, Dr. Manjeet Singh Chndrasen and Dr. Bhaskar Prasad. V/s. State of Chhatisgarh in SLP (Civ.) No. 3058/2020. The Bench is compromising of Hon. Shri. Sharad Bobde, the CJI, Hon. B.R. Gawai J. and Hon. Surya Kant. Upon hearing the Ld. Sr. Council Shri. Mukul Rohotgi, their lordships have passed important interim order on 07/02/2020 as under :  "By way of interim relief, it is directed that no penal action will be taken against a doctor who has put in practice for not less than 15 years, in case he does not take the proposed examination. It is, however...

Case Details : Before hon' Supreme Court of India WRIT PETITION (CIVIL) NO.129 OF 2017 Federation of Obstetrics and Gynecological Societies of India (FOGSI) V/s. Union of India Coram : Hon'ble Arun Mishra and Hon'ble Vineet Sharan JJ. Decided on " 03/05/2019 Judgment Link : https://www.supremecourtofindia.nic.in/supremecourt/2016/42056/42056_2016_Judgement_03-May-2019.pdf Facts in Brief. 1. In its 92 pages judgment, their Lordships have upheld the Constitutional Validity of the provision of F Form and criminal action U/sec.23 and 24 as envisaged in PCPNDT Act, the provision which the Doctors feel as  dreadful. 2. The FOGSI challenged vires of these provisions as violative fundamental rights of Right to practice profession as well as Right to life, as envisaged under Constitution. It was contended that the main object of  the Act of preventing sex determination techniques and curbing f...

Case Details : Dr. Radhakrishna V/s. State of Maharashtra Criminal Appeal No.427/2019 Before : Hon. Supreme court of India Decided on : 05/03/2019 Coram : HON'BLE THE CHIEF JUSTICE Mr. RANJAN GOGOI & HON'BLE MR. JUSTICE SANJIV KHANNA. Judgment Link : https://indiankanoon.org/doc/32597862/ Facts in Short : 1. The Petitioner Doctor challenged the order of Hon. Bombay High Court,  bench at Aurangabad, dated 9th May, 2014 refusing to quash and set aside the criminal proceedings  under Sections 23 and 29 of PCPNDT Act. 2. The allegations/lacunas against the Doctor made in the Compliant dated 05/12/2012 were as under : i) Form “F” column no.11 and 9 was not as per the provisions of the PCPNDT Act. Words "Invasive" and "Non-Invasive" were not printed on F Forms.  ii) Old Aloka Sonography portable machine was kept in the store room and it  was not entered in the registration certificate. iii) The time table of Sonologist was not mentione...

Case Details : Dr. Ramesh Bole V/s. State of Maharashtra (WRIT PETITION NO.4765 OF 2019) ,decided on 16/04/2019 by Hon. Mr. Justice P.R. Bora (Hon. Bombay High Court, Aurangabad Bench) Facts in nutshell : 1. The Petitioner Doctor who runs a sonography clinic , applied for periodic renewal of the Certificate under PCPNDT Act. The registration was about to expire on 06/04/2019 and thus he applied for its renewal on 01/03/2019 in prescibed format with necessary documents. 2. However without passing any order on said renewal of registration, the Authority passed order of sealing of sonography machine on 05/04/2019 and same was sealed too.. Thus the Dcotor approached Hon. High Court. 3. It was contended on part of the Doctor-Petitioner that the illegal action on part of the Authority has caused tremendous loss to him and relying on Division Bench Judgment of Hon. Bombay High Court Court in the case of "Bela Hitesh Bhatt Vs. State of Maharashtra and Ors,, reported in 201...

Great relief to Doctors under PCPNDT Act. The License to run Sonography Clinic  restored as the action of suspension of license was held to be illegal. The Criminal Action initiated under PCPNDT Act was also quashed and set aside by Hon. Bombay High Court. Adv. Rohit Erande Case details : Dr. Tanuja and Dr. Shriniwas Barde  V/s.  State of Maharashtra and A.A., PCPNDT Act,  Medical Officer, Nanded. Cri. Appl. No.520/2018 ,dated 08/08/2018 Link of the judgment : https://indiankanoon.org/doc/29733914/ Reported in 2019(1) Mh.L.J. 809 Doctors' License to run Sonography Clinic  restored as the action of suspension of license was held to be illegal. The Criminal Action initiated under PCPNDT Act was also quashed and set aside. Facts in short : 1. The Doctor couple, a Gynecologist and her Chest Specialist husband from Dist. Nanded, Maharashtra, approached Hon. Hi...