W.P.(C)/3395/2020 of DR. ATUL MISHRA Vs STATE OF NCT OF DELHI & ORS.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 3395/2020 & CM No.12065/2020 DR. ATUL MISHRA ..... Petitioner Through: Mr.Ranjeet Kumar & Mr.Ranjan Choudhary, Advs.

versus

STATE OF NCT OF DELHI & ORS. ..... Respondents Through: Mr.Anuj Aggarwal, ASC/GNCTD for R-1 to R-3 with Mr.Ankit Monga, Adv.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA O R R% 13.07.2020

1. This hearing has been held through video conferencing.

2. This petition has been filed by the petitioner inter alia praying for direction to the respondent no. 2 to adjudicate the appeal filed by the petitioner expeditiously.

3. The learned Additional Standing Counsel who appears for the respondents submits that the appropriate State authority under the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 shall be notified within period of three weeks. Once the Authority is notified, the appeal of the petitioner shall be considered expeditiously.

4. The petitioner in the present petition has further prayed for direction to the authorities to de-seal the diagnostic machine that was sealed pursuant to the Seizure Memo dated 30.12.2019. Admittedly, this machine was sealed pursuant to the FIR No.0829 dated 31.12.2019 registered with Police

Station: Seemapuri. The remedy of the petitioner, therefore, would be to move an appropriate application before the concerned Court seeking release of the said machinery. Such application as and when made, shall be considered by the appropriate Court in accordance with law.

5. The present petition is disposed of with the above observations.

6. Copy of this order be supplied to the learned counsels for the parties through e-mail. through e-mail.

JULY 13, 2020/rv

NAVIN CHAWLA, J