High CourtsSingle Bench(2021) 07 UK CK 0006

Dr. Ashish Kumar Srivastava vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 1 July 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 1196 Of 2021

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Judgment

11 paragraphs · 166 words

Manoj Kumar Tiwari, J

1.

Heard learned counsel for the parties through video conferencing.

2.

Petitioner is aggrieved by rejection of his application for renewal of registration under Pre-Conception and Pre-Natal Diagnostic Techniques

(Prohibition of Sex Selection) Act, 1994. The reason assigned for rejecting his application is that a criminal prosecution is pending against him for an

offence under Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Rules framed thereunder, before Chief Judicial

Magistrate, Haridwar.

3.

Since petitioner has the remedy of Appeal before the State Authority under Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of

Sex Selection) Rules, 1996, therefore, this Court is not inclined to entertain the writ petition.

4.

Accordingly, the writ petition is dismissed on the ground of alternative remedy with liberty to petitioner to approach the Appellate Authority.

However, it is provided that if petitioner files an Appeal within ten days from today, the same shall be decided on merits, as early as possible, but not

later than six weeks.