- 1 - HC-KAR NC: 2025:KHC:52418 WP No. 24576 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 24576 OF 2022 (GM-RES) BETWEEN: DR.R.GUNA W/O DR. PRAKASH C.N @ PRAKASH N AGED ABOUT 52 YEARS LAKSHMI HOSPITAL OPP.GANESHA TEMPLE DOOMLIGHT CIRCLE KOLAR-563101 …PETITIONER (BY SRI. SANDESH J.CHOUTHA., SENIOR ADVOCATE FOR SRI.MAHENDRA GOWDA C.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKASASOUDHA BANGALORE-01 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52418 WP No. 24576 of 2022 2. THE DISTRICT APPROPRIATE AUTHORITY (DAA)-P.C AND P.N.D.T, DISTRICT HEALTH/FAMIYL WELFARE OFFICER/ DISTRICT FAMILY WELFARE OFFICER KOLAR DT. KOLAR-563101 …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH., HCGP FOR R1; R2-SERVED, UNREPRESENTED;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C, PRAYING TO QUASH THE ORDER DATED 16.11.2022 TAKING COGNIZANCE OF THE CASE IN CC.NO.905/2022 PENDING BEFORE THE HON'BLE I ADDITIONAL CIVIL JUDGE AND J.M.F.C, KOLAR AT ANNEXURE- A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:52418 WP No. 24576 of 2022 ORAL ORDER The grievance of the petitioners is that the trial Court without applying its mind to the complaint filed by the respondents herein, has mechanically ordered for registration of the criminal case under Sections 23, 23(1), 23(2) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and have issued summons to the accused. It is submitted that the law requires the trial Court to apply its mind as to why cognizance is being taken for the offences alleged. 2. The learned High Court Government Pleader fairly submits that the impugned order suffers from non applicability of mind and further submits that the same may be set aside and remanded back to the trial Court to do the needful. 3. Admittedly, the impugned order suffers from non applicability of mind. No reasons are assigned as to - 4 - HC-KAR NC: 2025:KHC:52418 WP No. 24576 of 2022 why cognizance under the aforementioned provisions of law has been taken. Hence the following: ORDER i. The Writ Petition is hereby allowed. ii. The impugned order dated 16.11.2022 is hereby set aside. iii. The matter stands remanded back to the trial Court with a direction to consider the averments made in the complaint and to pass a speaking order as to whether cognizance has to be taken or not and thereafter proceed with the case accordingly. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 47