AIROnline 2024 SC 583

Supreme Court Of India

(From : AIROnline 2023 P and H 1637)

Hon'ble Judge(s): 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 (Para 11 12 13 14 16) .....