Supreme Court of India · 2019-07-16
State Of Orissa vs Mamata Sahoo
- Citation / case number
- AIRONLINE 2019 SC 546
- Court
- Supreme Court of India
- Petitioner
- State Of Orissa
- Respondent
- Mamata Sahoo
- Author
- R. Banumathi
- Bench
- A.S. Bopanna, R. Banumathi
Judgment text excerpt
The Supreme Court held that the High Court's quashing of the complaint against the respondents under Sections 23 and 25 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PC and PNDT Act) was justified due to lack of proper authorization for the inspection conducted by the Tehsildar. The Court emphasized that cognizance of offences under Section 28(1)(a) can only be taken on a complaint made by the Appropriate Authority, which in this case was not adhered to. Consequently, the Court upheld the High Court's decision, affirming that the proceedings against the respondents were not sustainable in law.