AIROnline 2024 SC 583
Supreme Court Of India
(From : AIROnline 2023 P and H 1637)
Abhay S. Oka,
Augustine George Masih
, JJ
Criminal P.C. (2 of 1974) , S.482— Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (57 of 1994) , S.23, S.28, S.30(1), S.17, S.2(a)— Quashing of FIR – Abuse of process of law – Allegation against accused and co-accused was that they were indulging in illegal activity of sex determination of foetus by using ultrasound – Decision to carry out search taken only by Chairman of Appropriate Authority , could not be said to be a decision taken by appropriate authority – Action of search was vitiated -Except for what was found in the search and the seized documents, there was nothing to connect the accused with the offence – Continuing prosecution based on illegal search would amount to abuse of process of law -FIR and complaint was quashed.
AIROnline 2023 P and H 1637-Reversed
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