- 1 - NC: 2025:KHC:8347 WP No. 19232 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 19232 OF 2024 (GM-RES) BETWEEN: DR.S. KUMAR(KMC NO.48264) AGED ABOUT 62 YEARS PROPRIETOR / MANAGING DIRECTOR SAPTHAGIRI HOSPITAL, MISSION COMPOUND, B.M.ROAD KUNIGAL, TUMKUR-572 103. …PETITIONER (BY SRI. SRINIVASA MURTHY S.R, ADVOCATE) AND: 1. THE DISTRICT APPROPRIATE AUTHORITY (DDA) T.C AND PNDT, DISTRICT HEALTH AND FAMILY WELFARE OFFICE, TUMKUR REPT. BY ITS NODEL OFFICER DISTRICT AND FAMILY WEALFRE OFFICE BY DR. D.N.MANJUNATH, TUMKUR DISTRICT-572 103. 3. DR.RAVINDRA, RADIOLOGIST SAPTHAGIRI HOSPITAL, MISSION COMPOUND, B.M.ROAD KUNIGAL, TUMKUR-572 103. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R1, NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 25.02.2025) THIS WP IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONS MENTIONED IN THE 17(A) AND UNDER SECTION Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8347 WP No. 19232 of 2024 23, 23(1), 23(2), 20(1), 20(2), 20(3) OF PC AND PNDTC ACT REGISTERED BY THE SECOND RESPONDENT BEFORE THE JMFC, KUNIGAL IN PCR NO. 106/2023 LATER CONVERTED INTO CC 12/2024 ON THE FILE OF THE JMFC AT KUNIGAL, TUMKUR DISTRICT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: "a) Issue a writ of certiorari quashing the provisions mentioned in the 17(A) and under section 23, 23(1), 23(2), 20(1), 20(2), 20(3) of PC and PNDTC Act registered by the second respondent before the JMFC, Kunigal in PCR No.106/2023 later converted into CC 12/2024 vide Annexure-A on the file of the JMFC at Kunigal, Tumkur District. b) Quash the impugned order in rejecting the application filed under section 451 and 457 of Cr.P.C. in C.C. 12/2024 on the file of the Senior Civil Judge and JMFC Kunigal dated: 25-03- 2024 by issuing a writ of certiorari quashing Annexure-A in C.C.No.12/2024 on the file of the Senior Civil Judge and JMFC at Kunigal at Annexure-A - 3 - NC: 2025:KHC:8347 WP No. 19232 of 2024 c) Issue a writ of mandamus directing the 2nd respondent, to de-freez the order initiate suo- moto by the 2nd respondent seizure of the medical equipment and medical machineries. d) Grant any such other relief as this Hon'ble Court deems fit in the circumstances of the case including the cost of the writ petition. 2. Heard the learned counsel for the petitioner and learned HCGP for the respondent No.1 and perused the material on record. 3. Learned counsel for the petitioner submits that prayer (a) sought for in the present petition is not being pressed and prayer (b) and (c) sought for by the petitioner may be considered and the instant petition may be disposed of by considering prayer (b) and (c). 4. A perusal of the impugned order will indicate that the petitioner is a Doctor/Proprietor of Sapthagiri Hospital, Kunigal, Tumkur District, which was raided by respondent No.1 on 22.12.2023. The petitioner is arraigned as accused No.1 in the aforesaid proceedings in PCR No.106/2023 in which respondent No.2 is arraigned as accused No.2. - 4 - NC: 2025:KHC:8347 WP No. 19232 of 2024 5. For the order proposed, notice to respondent No.2 is dispensed with. 6. A perusal of the material on record will indicate that respondent No.1 filed the instant private complaint against the petitioner/accused No.1 and respondent No.2/accused No.2 for offences punishable under Sections 23, 23(1), 23(2), 20(1), 20(2), 20(3) of the PC and PNDT Act. In pursuance of the same, the proceedings in C.C.No.12/2024 are pending before the trial Court. In the said proceedings, the petitioner filed an application under Sections 451 r/w Section 457 seeking to open and hand over the sealed room containing scanning machines, medical equipments etc., and for other reliefs. Though respondent No.1 did not oppose the said application, trial Court proceeded to pass the impugned order rejecting the application on the ground that there was possibility of tampering of the machines and that a prima facie case had been made out by respondent No.1/complainant against the petitioner. 7. Learned counsel for the petitioner submits that if the aforesaid sealed room with the machinery equipments etc., is handed over to the petitioner, the petitioner would abide by - 5 - NC: 2025:KHC:8347 WP No. 19232 of 2024 any terms and conditions to be imposed by this Court in this regard and that the petitioner would not claim any equities in this regard. 8. In view of the aforesaid facts and circumstances and the submission made on behalf of the petitioner, without prejudice to the rights and contentions of the petitioner/accused No.1 and respondent No.2/accused No.2 as well respondent No.1/complainant in the impugned proceedings, I deem it just and appropriate to set aside the impugned order and allow the application filed by the petitioner under Section 451 r/w Section 457 of Cr.P.C. and direct release of the machinery equipments etc., in favour of the petitioner by imposing certain conditions. 9. In the result, I proceed to pass the following: ORDER i) The petition is allowed. ii) The impugned order dated 25.03.2024 is hereby set aside. iii) The application filed by the petitioner under Section 451 r/w Section 457 of Cr.P.C. is - 6 - NC: 2025:KHC:8347 WP No. 19232 of 2024 hereby allowed and respondent No.1 as well as trial Court are directed to release and hand over the custody and possession of the room along with machines, equipments and other accessories etc., in favour of the petitioner immediately upon receipt of copy of this order subject to the following terms and conditions: a) It is directed that before release of the subject machines, equipments and other accessories etc., in favour of the petitioner, respondents shall take necessary photographs and videographs of the same from all angles for the purpose of future use. b) The petitioner shall not tamper with machines, equipments etc., released in his favour. c) Prior to release, respondent No.1 is entitled to take mirror images of the date available in the machinery for the purpose of investigation. d) The petitioner shall not sell or part with the possession till completion of the proceedings before the trial Court. - 7 - NC: 2025:KHC:8347 WP No. 19232 of 2024 e) The petitioner shall produce the equipments, machinery as and when required by the trial Court. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 2 Sl No.: 1