Amit Kumar vs Maneesh Srivastava on 10 March, 2026

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    Himachal Pradesh High Court

    Amit Kumar vs Maneesh Srivastava on 10 March, 2026

    Author: Sandeep Sharma

    Bench: Sandeep Sharma

                                                                                 2026:HHC:6522
    
    
    
    
            IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                  CrMMO Nos.64 and 65 of 2017
                                                     Date of Decision: 10.3.2026
    
    
    
    
                                                                      .
        _____________________________________________________________________
    
    
    
    
    
        1. CrMMO No. 64 of 2017
        Amit Kumar
    
    
    
    
    
                                                                             .........Petitioner
                                                  Versus
        Maneesh Srivastava
                                                                            .......Respondent
    
    
    
    
                                             of
        2. CrMMO No. 65 of 2017
        Amit Kumar
                                                                             .........Petitioner
                          rt                      Versus
        State of Himachal Pradesh
                                                                            .......Respondent
    
        Coram
        Hon'ble Mr. Justice Sandeep Sharma, Judge.
        Whether approved for reporting? Yes.
    
    
        For the Petitioner(s):          Mr. Nitin Thakur, Advocate.
        For the Respondent(s):           Respondent expired in CrMMO No. 64 of
                                        2017
                                        Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.
    
    
    
    
                                        B.C. Verma, Additional Advocates General
                                        with Mr. Ravi Chauhan, Deputy Advocate
    
    
    
    
    
                                        General.
        ___________________________________________________________________________
        Sandeep Sharma, J. (Oral)
    

    Since common questions of facts and law are involved in both

    the above captioned cases, same were heard together and are being

    SPONSORED

    disposed of vide common order.

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    2. Precisely, facts of the case, relevant for adjudication of the case

    at hand, are that petitioner after having passed degree of MBBS in

    .

    September 1999 got himself registered with Himachal Pradesh State

    Medical Council vide registration certificate (Annexure P-2). After his being

    registered with the afore State Medical Council, petitioner started running

    Ultrasound Clinic in the name and style of Dev Bhumi Medical Centre at

    of
    Kullu. One Sh. Maneesh Srivastava i.e. respondent/complainant (herein

    after referred to as “complainant”) in CrMMO No. 64 of 2017, lodged a
    rt
    complaint (Annexure P-3) under Section 28 of PC&PNDT Act, 1994 read

    with Section 200 of Cr.PC, against the petitioner for his having allegedly

    committed offence punishable under Sections 4, 5, 6, 23, 25 & 29, Rules 9

    & 18 of the Pre-Conception and Pre-Natal Diagnostic Techniques

    (Prohibition Of Sex Selection) Act, 1994 & Rules framed thereunder read

    with Sections 166, 167, 204, 109 and 34 of IPC and the provisions of

    Prevention Of Corruption Act, in the court of learned Chief Judicial

    Magistrate Kullu, District Kullu, Himachal Pradesh, alleging therein that in

    the year 2014, he came to know from various reliable sources that

    petitioner-accused (in short “accused”) is not only acting in gross violation

    of provisions of PC & PNDT Act and rules framed thereunder, but he is also

    involved in determination of the sex of fetus. He alleged that in the first

    week of October 2014, he came in possession of one ultrasound report

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    dated 11.3.2014 of one pregnant woman namely Ms. Ranjeeta, aged 26

    years, who was referred by Dr. Geeta, pertaining to Ultrasound Clinic of

    .

    the accused i.e. Dev Bhumi Medical Centre. The Ultrasound report

    contained; (i) Original Thermal Print of USG image (with the text printed as

    -” Dev Bhumi Medical GE conducted on 11.03.2014 at 12:51:03 PM”; (ii)

    Original Report containing signatures/initials with remarks as ‘Dr. Amit

    of
    Kumar, MBBS, DMRD’ and (iii) Original printed Envelope with text as Dev

    Bhumi Medical Centre.

    3.
    rt
    After receipt of afore information, complainant applied for

    aforesaid information under RTI Act, whereby he sought certified copies of

    consolidated summary of records (Form-F) of Ultrasound Centers

    functioning in Kullu Town for the period starting from February 2014 to

    May 2014. In response to aforesaid RTI, complainant was provided certified

    records of monthly report of ultrasonography, registered centre wise of eight

    ultrasound centers of Kullu Town including Dev Bhumi Medical Centre,

    owned and possessed by the accused. Perusal of report of Dev Bhumi

    Medical Centre reveals that in the month of March 2014, afore clinic

    conducted/ performed as many as 68 ultrasounds, however, out of 68

    ultrasound reports, there is not a single report, which finds mention of any

    serial number or date on it. Complainant further alleged that he could not

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    find mention / details of any patient in the name of Ms. Ranjeeta (referred

    by Dr. Geeta) in all of the 74 entries of ultrasounds conducted/performed

    .

    in Dev Bhumi Medical Centre of accused in March 2014, however

    signatures appearing in the ultrasound report dated 11.3.2014 of Ms.

    Ranjeeta and monthly report on ultrasonogrpahy registered centre wise of

    march 2014 are one and the same.

    of

    4. In nutshell, complainant alleged that accused had conducted

    ultrasound of Ms. Ranjita on 11.3.2014, and did not keep the record of the
    rt
    same. He further alleged that during March 2014, more particularly, on

    11.3.2014, Dev Bhumi Medical Centre being run by accused was put under

    temporary suspension w.e.f. 4.3.2014 to 29.3.2014. If it is so, no

    ultrasounds, otherwise, could have been conducted in the afore clinic on

    11.3.2014. Complainant alleged that petitioner not only conducted

    ultrasounds in Dev Bhumi Medical Centre during the period when

    registration of afore clinic had expired, but he also did not furnish

    particulars about the patients on Form-F which act of him is in violation of

    Section 4 (3) 5 (i) (b) and Section 29 of the Act.

    5. After filing of the aforesaid private complaint at the behest of

    the complainant Manish Srivastava, respondent-State also filed complaint

    No. 106-1/2016 in the court of learned Chief Judicial Magistrate Kullu,

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    leveling therein similar allegations as contained in the complaint of

    Maneesh Srivastava. Learned Chief Judicial Magistrate, Kullu, took

    .

    cognizance of allegations leveled in the complaint filed by complainant as

    well as respondent-State and issued process against the accused. In the

    afore background, petitioner accused has approached this Court in the

    instant proceedings for quashing of complaint filed by the complainant as

    of
    well as respondent-State as also consequent proceedings pending in the

    competent court of law.

    6.
    rt
    Precisely, the grouse of the petitioner, as has been highlighted

    in the petition and further canvassed by Mr. Nitin Thakur, Advocate, is that

    proceedings under relevant provision of law have been initiated against the

    accused on false grounds. While referring to notice of suspension of

    Ultrasound Clinic (Annexure P-4 in CrMMO No. 64 of 2017), Mr. Thakur

    states that vide aforesaid communication, registration of Ultrasound Clinic

    being owned and possessed by the petitioner was suspended temporarily

    till he submits the required registration with Himachal Pradesh State

    Medical Council. He states that accused submitted the registration of

    degree/diploma with State Medical Council to the Chief Medical Officer,

    Kullu, vide communication dated 7.3.2014 (Annexure P-5), on the basis of

    which, Chief Medical Officer Kullu, vide communication dated 29.3.2014

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    revoked the suspension of Ultrasound Clinic. He states that since

    petitioner had submitted the registration document on 7.3.2014, no

    .

    illegality otherwise can be said to have been committed by the petitioner by

    conducting ultrasound of one patient namely Ranjeeta on 11.3.2014. To

    substantiate his aforesaid argument, Mr. Thakur, specifically referred to

    communication dated 4.3.2014, whereby notice of suspension and

    of
    Ultrasound Clinic registration was issued. He submitted that as per

    aforesaid communication, registration of Ultrasound Clinic was suspended

    Council. He
    rt
    temporary till he submits the required registration with the State Medical

    stated that though suspension was revoked vide

    communication dated 29.3.2014 but since it stood specifically mentioned in

    order dated 4.3.2014 that registration of Ultrasound Clinic shall remain

    suspended till the submission of required registration with State Medical

    Council, which was submitted on 7.3.2014, no case much less case under

    afore provisions of law is made out against the accused and as such, prayer

    made by the accused for quashing of FIR deserves to be allowed. While

    referring to Form-F (Annexure P-7 in CrMMO No. 64 of 2017), Mr. Thakur,

    learned counsel for the petitioner stated that complete information with

    regard to patient namely Ranjeeta was submitted in Form-F well within

    time. He submitted that since afore document was made available much

    prior to filing of the complaint sought to be quashed, but yet authority

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    concerned ignored the same and proceeded to initiate the complaint against

    the petitioner. Mr. Thakur submitted that since for the submissions made

    .

    herein above, case of the prosecution is likely to fail in all probabilities,

    there is no reason to put the accused to ordeal of protracted trial, which

    shall ultimately fail.

    7. To the contrary, Mr. Anish Banshtu, learned Deputy Advocate

    of
    General, while justifying the issuance of summoning order on the basis of

    complaint lodged by the respondent/complainant as well as respondent-

    rt
    State, submitted that once it is not in dispute that suspension was revoked

    vide communication dated 29.3.2014, there was otherwise no occasion, if

    any, for the petitioner to conduct ultrasound of any patient on 11.3.2014.

    He submitted that since registration of Ultrasound Clinic run by the

    petitioner was suspended vide communication dated 4.3.2014 and same

    came to be revoked on 4.3.2014, any ultrasound conducted throughout

    4.3.2014 to 29.3.2014, shall be deemed to be in violation of afore provisions

    of law. If it is so, no illegality can be said to have been committed by the

    learned trial Court while issuing process and entertaining the complaint

    lodged at the behest of respondent/complainant and respondent-State.

    8. Before ascertaining the genuineness and correctness of the

    submissions and counter submissions having been made by the learned

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    counsel for the parties vis-à-vis prayer made in the instant petition, this

    Court deems it necessary to discuss/elaborate the scope and competence of

    .

    this Court to quash the criminal proceedings while exercising power under

    Section 482 of Cr.PC.

    9. Hon’ble Apex Court in judgment titled State of Haryana and

    others vs. Bhajan Lal and others, 1992 Supp (1) SCC 335 has laid

    of
    down several principles, which govern the exercise of jurisdiction of High

    Court under Section 482 Cr.P.C. Before pronouncement of aforesaid
    rt
    judgment rendered by the Hon’ble Apex Court, a three-Judge Bench of

    Hon’ble Court in State of Karnataka vs. L. Muniswamy and others,

    1977 (2) SCC 699, held that the High Court is entitled to quash a

    proceeding, if it comes to the conclusion that allowing the proceeding to

    continue would be an abuse of the process of the Court or that the ends of

    justice require that the proceeding ought to be quashed. Relevant para is

    being reproduced herein below:-

    “7….In the exercise of this wholesome power, the High Court is

    entitled to quash a proceeding if it comes to the conclusion that
    allowing the proceeding to continue would be an abuse of the process
    of the Court or that the ends of justice require that the proceeding
    ought to be quashed. The saving of the High Court’s inherent powers,
    both in civil and criminal matters, is designed to achieve a salutary
    public purpose which is that a court proceeding ought not to be

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    permitted to degenerate into a weapon of harassment or persecution.
    In a criminal case, the veiled object behind a lame prosecution, the
    very nature of the material on which the structure of the prosecution

    .

    rests and the like would justify the High Court in quashing the
    proceeding in the interest of justice. The ends of justice are higher
    than the ends of mere law though justice has got to be administered

    according to laws made by the legislature. The compelling necessity
    for making these observations is that without a proper realisation of
    the object and purpose of the provision which seeks to save the 59

    of
    inherent powers of the High Court to do justice, between the State
    and its subjects, it would be impossible to appreciate the width and
    contours of that salient jurisdiction.”

    rt

    10. Subsequently, Hon’ble Apex Court in Bhajan Lal (supra), has

    elaborately considered the scope and ambit of Section 482 Cr.P.C.

    Subsequently, Hon’ble Apex Court in Vineet Kumar and Ors. v. State of

    U.P. and Anr., while considering the scope of interference under Sections

    397 Cr.PC and 482 Cr.PC, by the High Courts, has held that High Court is

    entitled to quash a proceeding, if it comes to the conclusion that allowing

    the proceeding to continue would be an abuse of the process of the Court or

    that the ends of justice require that the proceedings ought to quashed. The

    Hon’ble Apex Court has further held that the saving of the High Court’s

    inherent powers, both in civil and criminal matters, is designed to achieve a

    salutary public purpose i.e. a court proceeding ought not to be permitted to

    degenerate into a weapon of harassment or persecution. In the aforesaid

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    case, the Hon’ble Apex Court taking note of seven categories, where power

    can be exercised under Section 482 Cr.PC, as enumerated in Bhajan Lal

    .

    (supra), i.e. where a criminal proceeding is manifestly attended with

    malafides and/or where the proceeding is maliciously instituted with an

    ulterior motive for wreaking vengeance on the accused and with a view to

    spite him due to private and personal grudge, quashed the proceedings.

    of

    11. Hon’ble Apex Court in Prashant Bharti v. State (NCT of

    Delhi), (2013) 9 SCC 293, while drawing strength from its earlier
    rt
    judgment titled as Rajiv Thapar and Ors v. Madan Lal Kapoor, (2013) 3

    SCC 330, has reiterated that High Court has inherent power under Section

    482 Cr.PC., to quash the initiation of the prosecution against an accused,

    at the stage of issuing process, or at the stage of committal, or even at the

    stage of framing of charge, but such power must always be used with

    caution, care and circumspection. While invoking its inherent jurisdiction

    under Section 482 of the Cr.P.C., the High Court has to be fully satisfied

    that the material produced by the accused is such, that would lead to the

    conclusion, that his/their defence is based on sound, reasonable, and

    indubitable facts and the material adduced on record itself overrules the

    veracity of the allegations contained in the accusations levelled by the

    prosecution/complainant. The material relied upon by the accused should

    be such, as would persuade a reasonable person to dismiss and condemn

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    the actual basis of the accusations as false. In such a situation, the judicial

    conscience of the High Court would persuade it to exercise its power under

    .

    Section 482 Cr.P.C. to quash such criminal proceedings, for that would

    prevent abuse of process of the court, and secure the ends of justice. In the

    aforesaid judgment titled Prashant Bharti v. State (NCT of Delhi), (2013)

    9 SCC 293, the Hon’ble Apex Court has held as under:-

    of
    “22. The proposition of law, pertaining to quashing of criminal
    proceedings, initiated against an accused by a High Court under
    Section 482 of the Code of Criminal Procedure (hereinafter referred to
    rt
    as “the Cr.P.C.”) has been dealt with by this Court in Rajiv Thapar &
    Ors. vs. Madan Lal Kapoor
    wherein this Court inter alia held as

    under: (2013) 3 SCC 330, paras 29-30)

    29. The issue being examined in the instant case is the jurisdiction of
    the High Court under Section 482 of the Cr.P.C., if it chooses to
    quash the initiation of the prosecution against an accused, at the

    stage of issuing process, or at the stage of committal, or even at the
    stage of framing of charges. These are all stages before the

    commencement of the actual trial. The same parameters would
    naturally be available for later stages as well. The power vested in the

    High Court under Section 482 of the Cr.P.C., at the stages referred to
    hereinabove, would have far reaching consequences, inasmuch as, it

    would negate the prosecution’s/complainant’s case without allowing
    the prosecution/complainant to lead evidence. Such a determination
    must always be rendered with caution, care and circumspection. To
    invoke its inherent jurisdiction under Section 482 of the Cr.P.C. the
    High Court has to be fully satisfied, that the material produced by
    the accused is such, that would lead to the conclusion, that his/their

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    defence is based on sound, reasonable, and indubitable facts; the
    material produced is such, as would rule out and displace the
    assertions contained in the charges levelled against the accused; and

    .

    the material produced is such, as would clearly reject and overrule
    the veracity of the allegations contained in the accusations levelled by
    the prosecution/complainant. It should be sufficient to rule out,

    reject and discard the accusations levelled by the
    prosecution/complainant, without the necessity of recording any
    evidence. For this the material relied upon by the defence should not

    of
    have been refuted, or alternatively, cannot be justifiably refuted,
    being material of sterling and impeccable quality. The material relied
    upon by the accused should be such, as would persuade a
    rt
    reasonable person to dismiss and condemn the actual basis of the
    accusations as false. In such a situation, the judicial conscience of

    the High Court would persuade it to exercise its power under Section
    482
    of the Cr.P.C. to quash such criminal proceedings, for that would
    prevent abuse of process of the court, and secure the ends of justice.

    30. Based on the factors canvassed in the foregoing paragraphs, we
    would delineate the following steps to determine the veracity of a
    prayer for quashing, raised by an accused by invoking the power

    vested in the High Court under Section 482 of the Cr.P.C.:-

    30.1 Step one, whether the material relied upon by the accused is

    sound, reasonable, and indubitable, i.e., the material is of sterling
    and impeccable quality?

    30.2 Step two, whether the material relied upon by the accused,
    would rule out the assertions contained in the charges levelled
    against the accused, i.e., the material is sufficient to reject and
    overrule the factual assertions contained in the complaint, i.e., the
    material is such, as would persuade a reasonable person to dismiss
    and condemn the factual basis of the accusations as false.

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    30.3 Step three, whether the material relied upon by the accused,
    has not been refuted by the prosecution/complainant; and/or the
    material is such, that it cannot be justifiably refuted by the

    .

    prosecution/complainant?

    30.4 Step four, whether proceeding with the trial would result in an
    abuse of process of the court, and would not serve the ends of

    justice?

    30.5 If the answer to all the steps is in the affirmative, judicial
    conscience of the High Court should persuade it to quash such

    of
    criminal – proceedings, in exercise of power vested in it under Section
    482
    of the Cr.P.C. Such exercise of power, besides doing justice to
    the accused, would save precious court time, which would otherwise
    rt
    be wasted in holding such a trial (as well as, proceedings arising
    therefrom) specially when, it is clear that the same would not

    conclude in the conviction of the accused.”

    12. Hon’ble Apex Court in Asmathunnisa v. State of A.P. (2011)

    11 SCC 259, has held as under:

    “12. This Court, in a number of cases, has laid down the scope and
    ambit of the High Court’s power under section 482 of the Code of

    Criminal Procedure. Inherent power under section 482 Cr.P.C.

    though wide have to be exercised sparingly, carefully and with great
    caution and only when such exercise is justified 9 by the tests
    specifically laid down in this section itself. Authority of the court

    exists for the advancement of justice. If any abuse of the process
    leading to injustice is brought to the notice of the court, then the
    Court would be justified in preventing injustice by invoking inherent
    powers in absence of specific provisions in the Statute.

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    13. The law has been crystallized more than half a century ago in the
    case of R.P. Kapur v. State of Punjab AIR 1960 SC 866 wherein this
    Court has summarized some categories of cases where inherent

    .

    power can and should be exercised to quash the proceedings. This
    Court summarized the following three broad categories where the
    High Court would be justified in exercise of its powers under section

    482:

    (i) where it manifestly appears that there is a legal bar against
    the institution or continuance of the proceedings;

    of

    (ii) where the allegations in the first information report or
    complaint taken at their face value and accepted in their

    rtentirety do not constitute the offence alleged;

    (iii) where the allegations constitute an offence but there is no
    legal evidence adduced or the evidence adduced clearly or

    manifestly fails to prove the charge.”

    14.In Smt. Nagawwa v. Veeranna Shivalingappa Konjalgi and Others
    (1976) 3 SCC 736, according to the court, the process against the

    accused can be quashed or set aside :

    “(1) where the allegations made in the complaint or the
    statements of the witnesses recorded in support of the same

    taken at their face value make out absolutely no case against
    the accused or the complaint does not disclose the essential

    ingredients of an offence which is alleged against the accused;
    (2) where the allegations made in the complaint are patently

    absurd and inherently improbable so that no 10 prudent person
    can ever reach a conclusion that there is sufficient ground for
    proceeding against the accused;

    (3) where the discretion exercised by the Magistrate in issuing
    process is capricious and arbitrary having been based either on

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    no evidence or on materials which are wholly irrelevant or
    inadmissible; and
    (4) where the complaint suffers from fundamental legal defects,

    .

    such as, want of sanction, or absence of a complaint by legally
    competent authority and the like”.

    15. This court in State of Karnataka v. L. Muniswamy & Others

    (1977) 2 SCC 699, observed that the wholesome power under section
    482
    Cr.P.C. entitles the High Court to quash a proceeding when it
    comes to the conclusion that allowing the proceedings to continue

    of
    would be an abuse of the process of the court or that the ends of
    justice requires that the proceedings ought to be quashed. The High
    Courts have been invested with inherent powers, both in civil and
    rt
    criminal matters, to achieve a salutary public purpose. A Court
    proceeding ought not to be permitted to degenerate into a weapon of

    harassment or persecution. In this case, the court observed that ends
    of justice are higher than the ends of mere law though justice must
    be administered according to laws made by the Legislature. This case

    has been followed in a large number of subsequent cases of this
    court and other courts.”

    13. Hon’ble Apex Court in Asmathunnisa (supra) has categorically

    held that where discretion exercised by the Magistrate in issuing process is

    capricious and arbitrary having been based either on no evidence or on

    materials which are wholly irrelevant or inadmissible; and where the

    complaint suffers from fundamental legal defects, such as, want of

    sanction, or absence of a complaint by legally competent authority and the

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    like, High Court would be justified in exercise of its powers under Section

    482 CrPC.

    .

    14. From the bare perusal of aforesaid exposition of law, it is quite

    apparent that while exercising its inherent power under Section 482 Cr.PC.,

    High Court can proceed to quash the proceedings, if it comes to the

    conclusion that allowing the proceedings to continue would be an abuse of

    of
    process of the law.

    15. Now being guided by the aforesaid law laid down by the Hon’ble
    rt
    Apex Court, this court would make an endeavour to find out “whether

    proceedings initiated at the behest of complainant as well as

    respondent/complainant can be quashed and set-aside or not?”

    16. Though in the case at hand, number of allegations came to be

    leveled against the accused, but if complaints having been filed by

    respondent/complainant as well as respondent-State are perused in

    conjunction, precise allegation against the accused is that he conducted

    ultrasound of one patient namely Ranjeeta on 11.3.2014 on which date,

    Dev Bhumi Medical Centre was not having registration. Besides above,

    there is allegation that while conducting ultrasound of afore person,

    accused failed to fill up Form-F, which was mandatory as per Act and

    Rules.

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    17. Pleadings as well as documents adduced on record by the

    respective parties clearly reveal that till 4.3.2014, petitioner herein, who

    .

    was actually handling the ultrasound machine in the afore clinic had

    registration with State Medical Council Himachal Pradesh, which is

    mandatory as per Chapter 3, Section 15(7) of State Medical Council Act,

    2003 of Himachal Pradesh. Otherwise also, perusal of reply filed at the

    of
    behest of respondent-State nowhere disputes factum with regard to

    registration of the petitioner prior to afore date. At this stage, it would be
    rt
    apt to take note of communication dated 4.3.2014 (Annexure P-4), which

    reads as under:

    “With reference to this office letter number HFW/KLU/PC &
    PNDT/2012 1506-1527 dated 20/01/2014, it is submitted that after
    six weeks of that letter you had failed to submit the registration of

    doctor handling ultrasound machine, with State Medical Council
    Himachal Pradesh which is mandatory as per chapter 3 Section 15(7)
    of State Medical council Act, 2003 of Himachal Pradesh.

    As this office has not received registration of Doctor in State Medical

    Council of HP you are hereby directed to stop doing the ultrasound
    from today immediately and your registration of ultrasound clinic is
    hereby suspended temporary till you submit the required registration

    with State Medical Council HP. Non compliance of these orders will
    invite the cancellation of registration of your ultrasound Clinic and
    legal action will be taken against you in accordance of law.
    Till then you are further directed to deposit back the registration
    certificate to the undersigned in person immediately.”

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    18. Careful perusal of afore communication reveals that time was

    granted to the petitioner to submit registration of doctor handling

    .

    ultrasound machine with State Medical Council, but since he failed to do

    the same within six weeks, District Appropriate Authority cum Chief

    Medical Officer, Kullu, vide communication dated 4.3.2014, served him

    notice of suspension of ultrasound clinic registration. As per aforesaid

    of
    communication, registration of Ultrasound Clinic was suspended

    temporarily till the submission of required registration with the State
    rt
    Medical Council, Himachal Pradesh. Petitioner also came to be apprised

    with regard to aforesaid communication that non-compliance of order dated

    4.3.2014, would invite cancellation of registration of ultrasound and clinic,

    meaning thereby on 4.3.2014, there was no dispute, if any, with regard to

    registration of Ultrasound clinic, rather dispute is with regard to

    registration of doctor handling the said Clinic. Otherwise also, reply filed

    by the respondents nowhere suggests that petitioner had not got registered

    its Clinic under Act and rules. In nutshell case of the private respondents

    as well as respondent-State is that after 4.3.2014 till revocation of

    suspension vide order dated 29.3.2014, petitioner herein had no authority,

    whatsoever, to conduct ultrasound in his clinic.

    19. Allegedly on 11.3.2014, petitioner being handler of the

    Ultrasound Clinic namely Dev Bhumi Medical Centre, conducted

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    19 2026:HHC:6522

    ultrasound of one patient namely Ranjeeta. Since on afore date, petitioner-

    accused was not authorized to conduct registration on account of his not

    .

    being registered with State Medical Council, he is liable to be prosecuted

    under the afore provision of law. As per accused, he immediately after

    having received notice of suspension dated 4.3.2014 had submitted

    communication dated 7.3.2014 to CMO Kullu, thereby apprising him with

    of
    regard to his registration with Himachal Pradesh Medical Council

    (Annexures P-2 and P-5 in CrMMO No. 64/2017).

    20.
    rt
    Question which needs determination in the case at hand, is

    “whether suspension order dated 4.3.2014, issued by the Chief Medical

    Officer Kullu, was in force till its revocation vide order dated 29.3.2014 or

    petitioner could have conducted the ultrasound immediately after his

    having submitted registration with the Himachal Pradesh State Medical

    Council. Careful perusal of notice of suspension dated 4.3.2014, clearly

    suggests that registration of Ultrasound Clinic of the petitioner was

    suspended temporary till submission of the required registration with the

    State Medical Council. Since petitioner despite various notices failed to

    make available certificate with regard to his registration with State Medical

    Council, notice dated 4.3.2014, came to be issued to him, however, careful

    perusal of afore notice clearly suggests that as and when, registration with

    the State Medical Council is submitted to the competent authority,

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    20 2026:HHC:6522

    suspension ordered vide communication dated 4.3.2014, shall stand

    revoked. No doubt, in the case at hand, formal order of revocation of

    .

    suspension came to be issued vide communication dated 29.3.2014

    (Annexure P-6 in CrMMO No. 65 of 2017), but having carefully perused

    communication dated 4.3.2014 this court is persuaded to agree with Mr.

    Nitin Thakur, learned counsel for the petitioner that petitioner herein was

    of
    directed to stop conducting ultrasound from the date of issuance of

    communication dated 4.3.2014, till submission of required registration with

    (Annexure P-5),
    rt
    the State Medical Council. Since vide communication dated 7.3.2014

    petitioner apprised CMO Kullu, with regard to his

    registration with State Medical Council, no illegality can be said to have

    been committed by the petitioner for his having done ultrasound of the

    patient named herein above, on 11.3.2014. Once petitioner himself vide

    communication dated 4.3.2014 had apprised the authority concerned with

    regard to his registration with the State Medical Council and copy of

    registration was also made available, afore authority was otherwise under

    obligation to revoke the suspension order forthwith.

    21. Though in the case at hand, order of revocation was issued on

    29.3.2014 but at the cost of repetition, as observed herein above,

    suspension stood automatically revoked with the submission of required

    registration with the State Medical Council on 7.3.2014. Similarly, this

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    21 2026:HHC:6522

    Court finds that Form-F though was not made available at the time of

    issuance of notice dated 4.3.2014, but same was made available much

    .

    prior to filing of the complaint by private respondent or respondent-State.

    Otherwise also, communication dated 4.3.2014, nowhere specifically talks

    about non-submission of Form-F. Since prior to filing of the complaint,

    Form-F containing therein details of patient named herein above, was

    of
    submitted by the petitioner, no complaint, if any, on afore count could

    have been filed against him. Since in view of the facts as well as discussion
    rt
    made herein above, this Court is persuaded to agree with Mr. Nitin Thakur,

    learned counsel for the petitioner that prosecution lodged against the

    petitioner will not succeed, rather for the reasons given herein above shall

    fail in all probabilities, prayer made on behalf of the petitioner for quashing

    of complaint deserves to be considered and allowed.

    22. Having scanned the entire evidence, this Court has no

    hesitation to conclude that, no case much less under the aforesaid

    provisions of law can be said to have been made against the petitioner.

    Since for the facts as well as discussion made herein above, case of the

    prosecution is likely to fail in any eventuality, this Court finds the case at

    hand to be a fit case for exercising power under Section 482 CrPC to quash

    complaint as well as consequent proceedings. If prayer made in the instant

    petition is not accepted, petitioner would be unnecessarily subjected to

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    22 2026:HHC:6522

    ordeal of the protracted trial, which is otherwise bound to culminate in

    acquittal of the accused.

    .

    23. Consequently, in view of the aforesaid discussion as well as law

    laid down by the Hon’ble Apex Court (supra), present petitions are allowed

    and complaint Nos. 106-1/2016 as well as 206-1/2016 pending

    adjudication before the Chief Judicial Magistrate Kullu, as well as

    of
    consequent proceedings are quashed and set aside. Accused is acquitted of

    the charges framed against him. The petitions stand disposed of in the

    March 10, 2026
    rt
    aforesaid terms, along with all pending applications.

    
                                                                    (Sandeep Sharma),
    
              (manjit)                                                  Judge
    
    
    
    
    
    
    
    
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