The Delhi High Court ruled that offences under the Pre-Conception and Pre-Natal Diagnostic Techniques (PC & PNDT) Act, 1994, are cognizable. The Court clarified that the law does not bar the police from registering FIRs or conducting investigations under the Act.
Case Background
A research institute and two doctors filed a petition to quash an FIR. Authorities had registered the FIR based on a joint inspection report. The petitioners argued that no Seizure Memo was issued and claimed the CCTV DVR was taken illegally. They also denied any failure to show approval for ultrasonography training.
Petitioners’ Stance
The petitioners claimed the FIR lacked legal basis. They argued the PC & PNDT Act requires a complaint for taking cognizance. They said the seizure was unlawful and that they had proper approval for the training program.
Court’s Ruling
Justice Neena Bansal Krishna held that Section 28 of the Act allows cognizance only on a complaint. However, the Court explained that it does not prohibit FIR registration or police investigation. The Court emphasized that offences under the Act are cognizable and non-bailable.
Rule 18A(3)(iv) only advises limiting police involvement “as far as possible.” The Court interpreted this to mean that police investigation is allowed when needed. It also noted that the Report under Section 173 CrPC was part of a valid investigation.
Final Verdict
The Court dismissed the plea. It stated that cognizance was based on a separate complaint by the District Appropriate Authority, not the FIR or chargesheet. The Court said the petitioners’ arguments on merits should be addressed during trial. It added that the cancellation of registration has a separate legal remedy, which the petitioners have already used.
