The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may_ be pleased to QUASH the Proceedings in C.C.No.229 of 2025 in Crime No.402 of 2024 for the offences under Section 312, 317, 420, rlw. 34 l.P.C. and Section 80, 81, 87 of J.J.Act-2015 and Section 22, 23, 24 of Pre-Conception and Pre-Natal Diagnostic Techniques Act -1994 on the file of the Court of the Judicial First Class Magistrate at Kamareddy. LA. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay of all further Proceedings in C.C.No.229 of 2025 in Crime No.402 of 2024 tor the offences under Section 312, 317, 42O, rtw.34 l.P.C. and Section 80, 81 , 87 of J.J.Act-2015 and Section 22, 23, 24 of Pre-Conception and Pre-Natal Diagnostic Techniques Act -'1994 on the file of the Court of the Judicial First Class Magistrate at Kamareddy pending disposal of the Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Rapolu Bhaskar, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor, High Court for the State of Te: ngana, Hyderabad on behalf of the Respondent No. 1/State. The Court made the following: ORDER: ,1 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT, JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITIO N No.14536 OF 2025 DATE:30-12-2025 Between: Vittam Sucharitha The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana at Hyderabad and another ORDER And Petitioner Respondents This Criminal Petition is filed by the petitioner-accused No.9 seeking to quash the proceedings against her in C.C.No .229 of 2025 on the file of learned Judicial lt/lagistrate of First Class, Kamareddy, registered for the offences under Sections 312, 317 and 420 read with 34 l.P.C., Sections 80, 8l and 87 of Juvenite Justice Act, 2015 and Sections 22, 23 and 24 of pre-Conception and Pre-Natal Diagnostic Techniques Act, '1 994. t \ Il fl).J ( lPNo.l,1516ol2025 2. Heard Sri Rapolu Bhaskar, learned cc,t nsel for the 2 petitioner and Sri Jithender Rao Veeramalla, lear ted Additional Public Prosecutor for respondent No.1-State.

3. Learned counsel for the petitioner subnr 1ed that the petitioner herein is accused No.9; that she is not i rvolved in the alleged offence of conducting pre-natal diagnostic ests; and that she is a Dentist in the Samanvitha Hospital. He fur her submitted that the petitioner's name is not mentioned either i" the complaint or in the F.l.R., but her name is figured in the charl e sheet, even though there are no allegations against her. {e, therefore, prayed to quash the proceedings in the present C. ). against the petitioner herein. Learned counsel, in support of h r s u bm issions, has relied upon the judgment of the Orissa High o rurt in Nilu @ Pratap Kumar Mohaptra v. State of Orissal an J the judgment of this Court in Madagoni Venkataiah v. I re State of Te la ngana2.

4. Learned Additional Public Prosecutor subn itted that the petitioner herein is the Director of the said Hospit rl and without taking any permission for conducting the Pre-N a al Diagnostic 2OO4 C(Ll 2261 2025 Supreme (Orllinex'lel) I 1383 r J ETD,J Crl.P.No.l4536 of202i Tests, they have been operating the machine and doing the said diagnostic tests. Therefore, the petitioner has to face the prosecution. He, therefore, prayed to dismiss the Criminal Petition

5. Perused the record 6 The allegations point out that the petitioner herein_accused No.9, who is the Director of Samanvitha Hospital, has not taken permission for lVledical Termination of pregnancy (MTp); has not maintained any records; and has not followed the pCpNDT Rules. Thus, prima facie case is made out against the petitioner herein. The petitioner,s counsel contends that there is no material against the petitioner herein. But the recitars of the charge sheet point out that the petitioner herein is the Director of Samanvitha Hospital and that without obtaining any permission, Pre-Natal Diagnostic Tests and Medical Termination of Pregnancy have been carried out in the said Hospital. The truth or otherwise in the allegations shall be culled out only after a full_ fledged trial. 7 . In Nilu @ Pratap Kumar Mohaptra,s case (supra 1) and Madagoni Venkataiah's case (supra 2), the proceedings against I t \ t j 4 EID.J ( rl P.No 145.16 of2025 the accused therein were quashed on the ground t rat there is no material on record and that there are no allec ations in the complaint or in the charge sheet against the a<;, used therein But, in the present case, material is collecte r against the petitioner during the course of investigation and I re allegations point out prima facie case against the peli oner herein Therefore, the facts of the said cases differ frorr the case on hand. Hence, the same are not applicable to the pr )sent case B. ln view of the above held discussion, it is I tined that the Criminal Petition lacks merit for quashing the proce rdings. ln the facts and circumstances, it is deemed appropriat() to dispose of the petition by dispensing with the attendance of th< petitioner I Accordingly, the Criminal Petition is disposec of drspensing with the attendance of the petitioner before le trial Court provided she is represented by a counsel before ti r trial Court on every date of hearing and shall appear before tre trial Court whenever her presence is required during the cours > of trial. [/iscellaneous Petitions pendinq , if any, shal ;tand closed SdI A.I iREENIVAS REDDY ASSI iTANT REGISTRAR //TRUE COPY// L7 To,

1. The Judicial Ma istrate First Class, Kamaredd SECTION OFFICER I

2. The Station House Officer, Kamareddy Town Police Station, Kamareddy. 3. One CC to Sri. Rapolu Bhaskar, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT] 5. Two CD Copies. / PSt(BA -ri HIGH COURT DATED:30/1212025 1 ORDER CRLP.No.14536 ot 2025 t ( ,/ra \' l{- ,) \rl 1i-lE S 0 { ri:8 2026 C) l\ * DISPOSING OF THE CRIMINAL PETITI(: N \