Dr. Ramesh vs The State Of Maharashtra

Dr. Ramesh, a medical practitioner, challenged the cognizance taken by a Judicial Magistrate First Class, Ardhapur, for alleged violations of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act), including deficiencies in maintaining Form 'F' records and other procedural violations. He argued that the Civil Surgeon was not the appropriate authority under the Act to initiate proceedings, and that errors in Form 'F' were merely technical and inadvertent. The Bombay High Court (Aurangabad Bench) rejected both contentions, holding that a notification dated 15th May 2015 validly designated the District Civil Surgeon as the appropriate authority, and that record-keeping deficiencies were substantive violations under the Act. The Supreme Court, noting the serious social objective of the PCPNDT Act in combating female foeticide, considered whether the Magistrate was correct in taking cognizance of the offences under Section 23 of the Act.

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