Delhi High Court: A petition was filed by District Magistrate, West District (petitioner) under Section 482 Criminal Procedure Code (CrPC) seeking to set aside an order dated 09-10-2019 passed by Additional Sessions Judge, Tis Hazari Court, New Delhi dismissing the revision petition on the grounds of an unexplained delay of 28-days. Swarana Kanta Sharma, J., condoned the delay of 28 days in filing the revision petition before the Revisionist Court and remanded the matter back to the revision court to decide the case, on merits, as per law because in cases where the larger interest of the society is involved, denying trial of the case by dismissing an application for condonation of delay of 28 days will result in a miscarriage of justice as the crime alleged is an offence against society.
On 02-03-2016, based on information that respondent 1 clinic, located in Rajouri Garden, Delhi, had been carrying out pre-natal tests related to sex determination of fetuses, an operation was conducted by PNDT teams of Rohtak and Delhi. During the operation, it was discovered that respondent 2 i.e. one of the doctors at respondent 1 clinic, had disclosed the sex of the fetus. Furthermore, currency notes were seized from respondent 3 and 4, who had been acting as touts to the decoy patient.
Thereafter, independent separate statements of the staff working at the clinic were recorded, confirming that respondent 1 to 4 was engaged in the business of performing ultrasounds and disclosing the sex of the fetus to the patients. Based on these statements and evidence gathered from the said operation, an FIR was registered, and the accused persons were arrested. After investigation, a charge sheet was filed before the learned Metropolitan Magistrate which was thereby dismissed. A revision petition was filed which was again dismissed on account of an unexplained delay of 28-days in filing the same. Aggrieved by the order, the present petition was filed.
Counsel for State submitted that there was a total delay of 28 days in filing the revision petition, however, the petition was rejected on the ground that there was no day-to-day explanation of the delay. Further, the allegations in the complaint are serious in nature, and the intent of the legislature in the enactment of PC&PNDT Act was to deal with the offenders strictly. Thus, it had taken some time for the prosecution to file a revision petition as the file had to pass through several departments and therefore, in the larger interest of the society and to ensure that the culprits are tried as per law as it is a case of revealing gender by a doctor and diagnostic center, the present petition be allowed and the impugned order be set aside.
The Court noted that that every order is a quest for search of truth and the intent of the legislature has to be kept in mind while passing every order. Though in every case, the delay in filing the petition cannot be condoned, however, in cases where the larger interest of the society is involved, denying trial of the case by dismissing an application for condonation of delay of 28 days will result in miscarriage of justice as the crime alleged is an offence against society.
Thus, the Court condoned the delay of 28 days in filing the revision petition before the Revisionist Court and remanded the matter back to the revision court to decide the case, on merits, as per law.
[District Magistrate West District v. Josan Diagnostics Centre, 2023 SCC OnLine Del 4640, decided on 31-07-2023]
Advocates who appeared in this case :
Ms. Nandita Rao, ASC (CRL) with SI Jatin, PS Khyla & Dr. Aman Prasad, Nodal Officer Advocates for the Petitioner;
Mr. Arup Sinnha, Ms. Arham Tanvir, Advocates for the R-1 and 2;
Mr. Gurvinder Singh, Advocate for the R-3 and 4.
Buy Code of Criminal Procedure, 1973 HERE
