Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8648 of 2021 Petitioner :- Dr. Dipti Agarwal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pawan Singh Pundir Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
The matter was taken up on 05.10.2021 and the Court has passed following order:-
"The assertions in the writ petition is that the petitioner herein is a registered practitioner and the ultrasound centre being run by her is registered by the competent authority namely Chief Medical Officer, Muzaffarnagar. The certificate of the registration is valid till 2022.
The contention is that the allegations in the first information report regarding violation of PCPNDT Act during the ultrasound by the petitioner are absolutely false, in as much as, on 23.6.2021, no ultrasound was done in the nursing home/clinic owned by the petitioner.
The documents in support of the assertions could not be submitted as all of them had been confiscated by the team visiting the nursing home.
However, a copy of the registered certificate has been appended as Annexure-'4' to the writ petition.
Learned A.G.A prays for and is granted three weeks time to seek instructions from the Nodal Officer/respondent no.4 and place the inspection report dated 23.6.2021 along with the original register of entry, confiscated by the inspection team.
Let this matter be posted on 27.10.2021 as fresh.
Till the next date of listing, no coercive measures shall be taken against the petitioner pursuant to the F.I.R dated 24.06.2021 in Case Crime no.163 of 2021 under Sections 420, 120B, & 34 I.P.C and 4, 5(2), 6(a), 29 & 23 of PCPNDT Act 1994 P.S-Civil lines District Muzaffarnagar. She, shall, however, cooperate with the investigtion during the pendency of the writ petition."
In response thereof, Shri Arunendra Kumar Singh, learned A.G.A. has placed inspection report dated 23.06.2021 alongwith the original register of entry, confiscated by the inspection team in a sealed cover.
On the other hand, learned counsel for the petitioner fairly states that present writ petition be dismissed as not pressed leaving it open for the petitioner to apply before the competent court for anticipatory bail/ bail as permissible under law and in accordance with law.
Learned A.G.A. has not opposed the said prayer.
In view of the above, the writ petition is dismissed as not pressed with the aforesaid liberty. The aforesaid original record is returned to learned A.G.A. in the Court today.
Order Date :- 27.10.2021 A. Pandey