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Supreme Court of India 2019-07-16 allowed

STATE OF ORISSA vs MAMATA SAHOO

Bench: 2 — R. Banumathi, A.S. Bopanna

In Brief

The State of Orissa appealed a High Court order that had quashed criminal proceedings against a hospital and its operator under the PC and PNDT Act. The High Court had held that an inspection and complaint lacked proper authorization. The Supreme Court reversed this, holding that the District Magistrate had duly authorized the Tehsildar to conduct the inspection vide Order No.388 dated 27.05.2014, and that nominating officers to assist in monitoring did not constitute unlawful delegation. The Court found the High Court had erred by ignoring the authorization order mentioned in the complaint itself and restored the case to the trial court.

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Criminal Procedure Administrative Law Delegation of Authority Cognizance of Offences Pre-Conception and Pre-Natal Diagnostic Techniques Act

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