Crl. Misc. No.18251 of 2009 and -1-
CRM-M-9963 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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Crl. Misc. No.18251 of 2009 and
CRM-M-9963 of 2009
DATE OF DECISION: 22.09.2009
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Deshraj Puri and another . . . . Petitioners
VS.
State of Punjab . . . . Respondent
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CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.T.S. Sangha, Sr. Advocate for
Mr.J.S. Lalli, Advocate for the petitioners.
Mr.K.D. Sachdeva, Addl. A.G. Punjab
for the respondent/State.
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RAKESH KUMAR JAIN J.(ORAL)
Crl. Misc. No.18251 of 2009
Allowed as prayed for.
CRM-M-9963 of 2009
Learned counsel for the petitioners submits that
pursuant to the order dated 16.4.2009, petitioners have joined the
investigation.
Learned counsel for the State/respondent, on
instructions received from ASI Jagpal Singh, admits the fact as
stated by the counsel for the petitioner.
Learned counsel for the petitioner submits that offence
under Section 24 of the Preconception and Prenatal Diagnostic
Techniques (Prohibition of Sex Selection) Act, 1994 is not made out
Crl. Misc. No.18251 of 2009 and -2-
CRM-M-9963 of 2009
as Smt. Surjit Kaur was never subjected to pre-natal diagnose for
her alleged conception. He further submits that insofar as offences
Under Section 420, 465, 467 & 470 IPC are concerned, the
respondent/State has also verified from the photostat certificates
given by the petitioners that they are qualified doctors. He further
submits that in any case Section 312 IPC is bailable.
After hearing learned counsel for the parties, order
dated 16.4.2009 is hereby made absolute.
It is directed that the petitioner shall join the
investigation as and when required and shall abide by the
conditions as envisaged by Section 438(2) Cr.P.C.
Petition is disposed of.
It is, however, made clear that nothing observed herein
shall be envisaged as an expression of opinion on the merits of the
case
(RAKESH KUMAR JAIN)
SEPTEMBER 22, 2009 JUDGE
vivek