The Punjab and Haryana High Court has ruled that a doctor cannot face criminal prosecution under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act merely because his name continued to appear on the registration panel of a diagnostic centre years after he had stopped working there. Restoring the doctor's discharge, the Court held that criminal liability requires evidence of active involvement, physical participation, or conspiracy in the alleged offence.
Background of the Case
The case arose from an FIR registered in July 2016 following a raid by a joint team of health department officials at Janta Diagnostic Centre in Hansi, Haryana. Acting on secret information regarding alleged illegal prenatal sex determination, the authorities conducted a decoy operation and later raided the clinic.
According to the prosecution, marked currency was recovered from the clinic owner, and the investigating agency alleged violations of the PCPNDT Act along with provisions of the Indian Penal Code. During the investigation, Dr. Shyam Bihari was also named as an accused even though his name did not appear in the original FIR or the spot proceedings conducted during the raid.
The trial court discharged the doctor in April 2017 after finding no material showing his involvement in the alleged incident. However, the Additional Sessions Judge later set aside that discharge order, observing that his name still appeared on the clinic's registration panel and directing the trial court to reconsider the issue of framing charges.
Dr. Shyam Bihari challenged that revisional order before the High Court.
Court's Observations
Justice Yashvir Singh Rathor examined the investigation record and found that the prosecution itself had collected material showing that the petitioner was employed as a consultant radiologist at a diagnostic centre in Gurgaon on the date of the raid. Attendance records and registration documents supported his claim that he was not present at the Hansi clinic when the alleged incident occurred.
The Court also noted that the ultrasound report and mandatory Form 'F' recovered during the raid identified another radiologist as the person associated with the diagnostic centre. Statements recorded during the investigation further indicated that Dr. Shyam Bihari had stopped working at the Hansi clinic years earlier.
Rejecting the reasoning adopted by the revisional court, the High Court interpreted Rule 3(3)(3) of the PCPNDT Rules to mean that the restriction on registration applies only to clinics situated within the same district. Since the petitioner was registered at centres located in different districts, the Court found no statutory violation on that ground. It also observed that the operation of the rule had already been stayed by various High Courts.
The bench observed,
"There is no statutory bar or restriction under Rule 3(3)(3) or any other provision of the PCPNDT Rules preventing a qualified medical practitioner from being registered at two or more diagnostic centres situated in two separate districts or different States."
Emphasising the requirements for criminal prosecution, the Court further observed,
"A prima facie case requires some material of a substantive nature linking the accused to the offence," adding that administrative omissions or delayed updates in registration records cannot, by themselves, amount to a criminal offence.
The Court further held that a medical practitioner cannot be held criminally liable for the actions of a diagnostic centre merely because the clinic or the authorities failed to remove the doctor's name from its registration panel after he had left employment.
Decision
Allowing the revision petition, the Punjab and Haryana High Court set aside the order dated 29 October 2018 passed by the Additional Sessions Judge, Hisar.
The Court restored the trial court's discharge order dated 12 April 2017, holding that there was no prima facie material connecting Dr. Shyam Bihari with the alleged offences under the PCPNDT Act or the Indian Penal Code.
Pending miscellaneous applications were also disposed of.
Case Details
Case Title: Dr. Shyam Bihari v. State of Haryana
Case Number: CRR-3912-2018 (O&M)
Judge: Justice Yashvir Singh Rathor
Decision Date: 03 July 2026
