Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per case facts, a complaint was filed against the Petitioner, Dr. R.S. Malik, for deficiencies in maintaining records under the PC & PNDT Act following an inspection where multiple
...violations were found in 'Form F'. He was convicted by the trial court and sentenced to two years, which was reduced to one year on appeal by the Sessions Judge. The Petitioner then filed a revision petition to the High Court. The question arose whether the complaint was validly instituted by a competent authority, as it was filed by the Civil Surgeon alone, claiming to be the District Appropriate Authority, instead of a mandatory three-member committee as per Section 17(3)(b) of the Act. Finally, the High Court, citing Supreme Court rulings that the interpretation of a law relates back to its enactment, determined that the District Appropriate Authority must be a three-member committee. As the complaint was filed by a single individual, it was legally defective and not maintainable, vitiating all subsequent proceedings. The Petitioner was acquitted.
Legal Notes
Add a Note....