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july 2019

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.

State Of Orissa vs Mamata Sahoo · Niyam