Delhi High Court has dismissed the plea of a doctor against a lower court order to put him on trial for running a clinic which was allegedly carrying out pre-natal diagnosis and sex determination tests.
A bench of Justice Manmohan Singh upheld the sessions court's November 21, 2014 decision, saying the trial court has rightly charged the accused, Dr K P Singh, for the offence under Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) (PNDT) Act.
"Having gone through the order passed by the trial court as well as the impunged order, I am also of the view that these are prima facie view taken by the learned trial court.
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"There is no infirmity in the order. The petition is accordingly dismissed," the court said.
The High Court's order came on a plea filed by the doctor against July 25, 2013 and November 21, 2014 decisions of the magisterial and sessions court respectively.
The magisterial court had put him on trial after framing of charges under the Act which he had challenged before the sessions court.
Singh, who was running the Lokpriya Nursing Home and Maternity Centre in South Delhi, was found performing ultrasound at the premises, which was not registered under the PNDT Act.
As per the prosecution, a complaint was filed by one Dr P K Bansal, Chief District Medical Officer, South District functioning as District Appropriate Authority under the PNDT Act, that the national monitoring committee had raided Singh's premises on April 4, 2006 and seized certain documents which were in violation of rules under the Act.
All the ultrasound machines and relevant records were seized and sealed and the registration of the clinic suspended, the prosecution added.