Satya Trilok Kesari @ Satyanarayan s/o Trilokchand Lohia v. State of Maharashtra
2012-02-14
M.L.TAHALIYANI
body2012
DigiLaw.ai
Judgment Heard learned Counsel for the applicant and learned A.P.P. for non-applicant No.1/State. 2. Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel for the parties. 3. The learned Counsel for the applicant has submitted that the article published in daily newspaper `Hindustan' of Amravati, which is at Article-I, is research paper of the applicant and that no way it offends the provisions of Section 22 of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. 4. The learned A.P.P. submits that the title of the so called research paper indicates that the applicant had published the article or had issued the advertisement in the garb of article to invite people and to teach them as to how they can conceive only male child. 5. I have gone through the whole text of the article. The article is written very skillfully with an intention to evade the provisions of Section 22 of the said Act. However, the intention of the applicant could be read between the lines. Some of the paragraphs are very explicit. In last paragraph of the so called article, it is stated that one can conceive a male child by Naturopathy. This prima facie amounts to violation of sub-sections (1) & (2) of Section 22 of the said Act. The article is purposefully written in very small letters and schemingly some paragraphs are also studded with selected words to evade subsections (1) & (2) of Section 22 of the said Act. However, as already stated by me, one can read between the lines that the article was published only with a view to invite people to teach them as to how they can conceive a male child. In my considered opinion, defence version is to be considered by the learned trial Court. The application stands dismissed accordingly. Ad interim relief, if any, stands vacated.