PCPNDT ACT

#PCPNDT - A Task Force does automatically  become A.A. - Trial Courts Cannot  not take cognizance of alleged complaints  of A.A. without any authority.  Adv. ROHiT ERANDE.  © Case Details : Dr. Rajendra Vitthalrao Prakashey V/s. Dr. Savita Ranjit Meshram & ors. Before Hon' Bombay high Court, Nagpur bench, . CRIMINAL WRIT PETITION NO. 426 OF 2016 Judgment Link : https://indiankanoon.org/docfragment/172368856/?formInput=pcpndt%20%20sortby%3A%20mostrecent Facts of the Case in Short : 1. The Petitioner challenged the order of Sessions Court which confirmed the order of  Issue Process passed by JMFC Court  against the Petitioner based on the complaint filed by Respondent AA for various alleged violations of provisions of PCPNDT Act. 2.   The short point involved is whether the Respondents - AA were  legally competent to file the complaint under Section 28 of the PCPNDT Act. It would be material to note that Section 28...

"It's not an offense under the PCPNDT Act, if the computer generated reports like ' F Forms'  are signed by the owner of the Hospital, instead of   the concerned Sonologist/ Radiologist" - Hon. Supreme Court. But, "Rightful delegation of Power to AA was upheld" Adv. ROHiT ERANDE. © Case Details : APPROPRIATE AUTHORITY UNDER THE PCPNDT ACT, PIMPRI CHINCHWAD MUNICIPAL CORPORATION , Maharashtra V/s. DR. RAJENDER AMIRCHAND SUJANYAL & ORS Criminal Appeal No.38/2022.  Judgment Link https://main.sci.gov.in/supremecourt/2017/8209/8209_2017_44_10_32365_Order_06-Jan-2022.pdf Facts in Short : 1. This case is from PCMC, Pune. The Appellant challnged the Order of Hon. Bombay High Court.  The Original Petitioner No.1 is the Gynaecologist runs a “Stree Hospital”, with licensed Ultrasound sonography machines. Petitioner No.2 is the visiting qualified radiologist / sonologist in the said Hospital. 2. The Commissioner of PCMC, who is otherwise, AA, delegated his power...

 " The Machine which is registered under the PCPNDT Act cannot be carried to other place which is not registered" : Hon. Bombay High Court. Adv. Rohit Erande. © In short, One Machine - One Place - One Registration. In its recently reported judgment of Dr. Deepak Sane V/s. State of Maharashtra, 2017(1) Mh.L.J.379, W.P. no.2995/2015, The Division Bench at Nagpur held so.. Facts in short : 1. The petitioner is the leading Medical Practitioner in Nagpur and dealing exclusively with Heart Treatment. He is required to use the 2D Echo Colour Doppler Machine for Treating his patients and for treating the patients he requires to visit the ICCU at different Hospitals. 2. IT was the case of the petitioner that he needy patients who cannot come to his clinic, for them he has to carry his 2D Echo machine, which is duly registered under the provisions of PCPNDT Act.Therefore he applied to the concerned authorities for getting permission to move the said machine at different places, but sa...

  #PCPNDT - The Health Officer of the Municipal Corporation is not the Appropriate Authority" "A llowing continuation of the said criminal complaint filed by an unauthorised authority would be abuse of the process of the Court apart from waste of time and public money.  -Hon. Bombay High Court   -Adv. Rohit Erande. © Case Details : Dr. Anita Chavan V/.s Appropriate Authority, PCPNDT, Nagpur   CRIMINAL APPLICATION (APL) NO. 174 OF 2018, decided on 12/08/2021 Before : Hon. Manish Pitale J. https://indiankanoon.org/doc/8421693/ Facts in short. 1. the Petitioner Doctor   sought quashing of a criminal complaint case pending against her in the Court of Judicial Magistrate First Class at Nagpur. The proceedings was intimated based on the inspection alleged to have been held on 16/07/2012 and the allegations were : (a) Bare Act of the PCPNDT Act was not available at the reception of the premises for being made available to the patients on ...

  #PCPNDT : Why should a Doctor suffer for non renewal of License, when the Govt. has not held the competency based assessment test or the six month training ? :  Adv. Rohit Erande.  © In these Pandemic days, Hon. Delhi High Court came to the rescue of Doctor underlying the importance of Ultrasound etc in the growing need of non-covid facilities.  Details of the Case : North Delhi Multi Speciality Hospital V/s. Union of India,  W.P.(C) 726/2020 and CM APPL. 2138/2020, 13267/2020, Date of order -04/06/2021. Coram : Hon. Justice Pratibha Singh Order Link : https://indiankanoon.org/doc/57546052/ Facts of the case in short : 1. The Petition has been filed by Dr. Sarika Aggarwal, MBBS "i.e. a registered medical practitioner as per the PCPNDT Act. , the Proprietor of the Petitioner Hospital. The Grievance of the Petitioner was that she was running  the diagnostic and imaging centre  since  29th November, 2013, however  Upon the completion of fi...

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...