Court No. - 64
Case :- MATTERS UNDER ARTICLE 227 No. - 3296 of 2019 Petitioner :- Salvi Diagnostic Centre Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shambhavi Nandan Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the petitioner, Sri Om Narain Tripathi, learned A.G.A. assisted by Sri Bhanu Pratap, Brief Holder for the State and perused the record.
By way of the instant petition, the petitioner has sought for issuance of direction to the respondents to comply with order dated 10.10.2018 passed by Chief Judicial Magistrate, Court No.11, Jaunpur, in Criminal Complaint Case No.1962 of 2018, under Sections 3, 18, 23, 25 Pre-Conception & Pre-Natal Diagnostic Techniques Act, 1994, Police Station Kotwali, District Jaunpur.
Contention raised on behalf of the petitioner is confined to ambit that once the order dated 10.10.2018 was passed by the Chief Judicial Magistrate, Jaunpur, releasing the Ultrasound Centre, the same has not been released by the opposite parties because of which the the applicant is facing unnecessary harassment.
Per contra, learned A.G.A. after describing intricacies involved in this case has engaged attention of this Court to the various aspects of the case and primarily on paragraph no.4 of the order dated 10.10.2018 passed by the Chief Judicial Magistrate, Jaunpur wherein a direction was made that software and tracker device of the ultrasound machine shall be duly scrutinized and after collecting that evidence, the ultrasound machine shall be released.
It so happened that the team was entrusted with the task of collecting evidence as per direction of the Chief Judicial Magistrate made under paragraph no.4. The seal kept on the lock was found to be manipulated and suspicious condition was created, therefore, the team which went for investigation in compliance of the direction contained under paragraph no.4 of the aforesaid order of the Chief Judicial Magistrate came back and informed the District Magistrate whereupon letter dated 04.04.2019 was straightway sent to the Chief Judicial Magistrate, Jaunpur. The applicant is unable to come out as to what transpired thereafter and whether any order was passed by the Chief Judicial Magistrate, Jaunpur, in that regard or not.
Upon perusal of the averments made in the accompanying affidavit and upon consideration of document annexed therewith, obviously no direction need be passed by this Court.
However, Chief Judicial Magistrate, Jaunpur is directed to look into this matter and ensure compliance of his order in toto. If the seal is found to be manipulated then it is bounden duty of the court below to protect the right of both the sides and proper scrutiny of software and tracker device of the ultrasound machine is ensured by the authority concerned.
With the above direction, the instant petition is finally disposed of.
Order Date :- 29.4.2019 rkg