When prosecution under PCPNDT Act should not be quashed?
Hon'ble Division Bench in the case of "Sujit
Govind Dange", mentioned above, there remains no
doubt that deficiencies or inaccuracies in the
maintaining of record and Form F attract the
provisions of Section 5 or 6 of the Act. I am
bound by the Judgment of the Division Bench of
this Court.
16. When the complaint has been filed under
this Act showing the inaccuracies and deficiencies
in the keeping of record, and complainant has
documents to support disclosing sufficient grounds
to proceed in the light of provisions of this Act
and Rules, this Court cannot, before holding of the
trial, sit in Judgment whether or not the Record
has been kept properly; or Form F concerned has
been properly filled or improperly filled; or
whether or not the deficiencies pointed out are
serious or insignificant. When complaint has been
filed pointing out deficiencies or inaccuracies,
before trial it would not be proper for this Court
to consider the arguments that what is pointed out
is no deficiency or no inaccuracy. It would be
prejudging the matter. As per Proviso of Section
4(3) "any" deficiency or inaccuracy in keeping of
complete record "shall amount to contravention" of
Section 5 or 6 "unless contrary is proved."
Naturally, the contrary can be "proved" only at
the trial. Appropriate Authority under the Act is
Public Servant acting in discharge of official
duty and has to act with responsibility. Keeping
in view the Judgments discussed above, in such
serious matters, it would be inappropriate to
interfere when prima facie case is made out.
17. It cannot be said, at present, that there
is no sufficient ground for proceeding. Keeping in
view Aims and Objects of the Act and Scheme of the
Act and Rules referred above and stringent and
specific provisions not tolerating any (meansany)
deficiency or inaccuracy in keeping complete
records, I am unable to accept the explanatory
arguments in defence or to invoke writ
jurisdiction, inherent power or revisional
jurisdiction to quash the proceedings at the
threshold when sufficient grounds to proceed are
made out in the complaint.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3966 OF 2013
Dr. Sau. Nirmala w/o Ramprasad Bajaj,
VERSUS
The State of Maharashtra,
CORAM: A.I.S. CHEEMA, J.
DATE OF PRONOUNCING JUDGMENT: 9TH MAY, 2014.
Citation:2016 ALLMR(CRI)1034
https://www.lawweb.in/2016/06/when-prosecution-under-pcpndt-act.html
