197 cr.p.c.

sanjaygarg796@gmail.com (Querist) 14 February 2014 This query is : Resolved
I filed a criminal complaint against the Govt Doctors under PNDT Act. Whether sanction to prosecute is required ?

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ajay sethi (Expert) 14 February 2014
Court could take cognizance of an offence under the Act (i) only on a complaint made by the appropriate authority or any officer authorized on behalf of the Central Government or the State Government, as the case may be, or the appropriate authority
or

(b) a person who has given notice of not less than thirty days in the manner prescribed, to the Appropriate Authority, of the alleged offence and of his intention to make a complaint to the court.

In the latter situation again sub- section (3) empowers the Court to direct the appropriate authority to make available copies of the relevant records in its possession to such a person if he makes such a demand before the Court

if you have followed the procedure laid down under section 28 of Act you can file complaint

Rajendra K Goyal (Expert) 14 February 2014
Agree with the expert ajay sethi ji.

Guest (Expert) 14 February 2014
The basic question arises, against how many Government doctors of which hospital you propose to file a case and for which type of specific offence on Pre-Conception & Pre-Natal diagnostic, collectively or individually, on their part?

Further from whom you would obtain the sanction to prosecute the Government doctors and in your which capacity?

If you are proposing to sui them in your individual capacity, your case may not stand without service of notice u/s 80 CPC, as the doctors would have provided service in their capacity if being on official duty.

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