• FIR in MTP Law

F.I.R. has been lodged on me and Charges are Conducting Medical Termination of pregnancy (MTP) in new hospital .The F.I.R. has been lodged on order of collector (who has no powers in MTP law.) Tahsildar has raided the hospital on verbal order of collector and taken away all case papers of patients operated since 2009.(Tahsildar has no powers of search and seize in MTP law.) There are evidences that I was doing MTP in old hospital as medical officers were visiting and giving reports monthly,without any queries and discrepancy. Now I have gone for quashing on these grounds.The authority is not giving Bombay Nursing Home Registration even after asking for so many times in writhing. The Operation theater has been sealed (There is no provision of sealing of OT IN MTP law) What should I do? So that I can start my hospital ASAP.The law takes so much time in India. Police has not done any investigations since 10 months are over after i got bail. By Law ,search and seize is only done in circumstances where the death or complication of patient.And is to be done by civil surgeon .Civil surgeon has filled FIR.
How can I get the registration of Hospital? The civil surgeon saying ,he will give it after charge sheet is filled.(There is no provision in law of Bombay nursing home that once you have been put criminal charges,your constitutional right has been lost!) No answer from Civil surgeon!! He is accepting only my applications and reminders. How can I de-seal my Op.Theater which has been sealed unlawfully??????
Asked 1 year ago in Criminal Law from Uran Islampur, Maharashtra
Religion: Hindu
The regulations as per MTP act  is given below
(1)  The State Government may, by regulations  -
 (a)  require any such opinion as is referred to in sub-section (2) of section 3 to be certified by a registered medical practitioner or practitioners concerned, in such form and at such time as may be specified in such regulations, and the preservation or disposal of such certificates ;
 (b)  require any registered medical practitioner, who terminates a pregnancy, to give intimation of such termination and such other information relating to the termination as may be specified in such regulations ;
 (c)  prohibit the disclosure, except to such purposes as may be specified in such regulations, of intimations given or information furnished in pursuance of such regulations.
 (2)  The intimation given and the information furnished in pursuance of regulations made by virtue of clause (b) of sub-section (1) shall be given or furnished, as the case may be, to the Chief Medical Officer of the State.
 (3) Any person who willfully contravenes or willfully fails to comply with the requirements of any regulation made under sub-section (1) shall be liable to be punished with fine, which may extend to one thousand rupees.


However, no suit or legal proceedings shall lie against any registered medical practitioner for any damage caused or likely to be caused by anything, which is in good faith done or intended to be done under this Act.

the following rule is
Cancellation or suspension of certificate of approval, -
         (1)   If, after inspection of any place approved under rule 5, the Chief Medical Officer of the District is satisfied that the facilities specified in rule 5 are not being properly maintained therein and the termination of pregnancy at such place cannot be made under safe and hygienic conditions, he shall make a report of the fact to the Committee giving the detail of the deficiencies or defects found at the place and the committee may, if it is satisfied, suspend or cancel the approval provided that the committee shall give an opportunity of making representation to the owner of the place before the certificate issued under rule 5 is cancelled.
       (2)  Where a certificate issued under rule 5 is cancelled  the owner of the place may make such additions or improvements in the place and there after,  he may make  an application to the Committee for grant of approval under rule 5.
      (3)  In the event of suspension of a certificate, of approval, the place shall not be deemed to be an approved place during the suspension for the purposes of termination of pregnancy from the date of communication of the order of such suspension.
 

Review :-
      (1)   The owner of a place, who is aggrieved by an order made under rule 7, may make an application for review of the order to the Government within a period of sixty days from the date of such order:
               Provided that the Government may condone  any delay in case it is satisfied that applicant was prevented by sufficient cause to make application within time. 
      (2)  The Government may, after giving the owner an opportunity of being heard, confirm, modify or reverse the order.



T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
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It appears the actions does not abide by the directions made in MTP Act.
So it is a fit case wherein you can apply quashing of the case u/s 482 crpc in high court and considering the glaring infraction of previsions of law the quashing case should succeed.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
1. Unless the case is quashed the OT cannot be de-sealed. 

2. You have relied too much on MTP law, but it seems that you are in oblivion to the fact that MTP law is not the repository of the criminal procedural law.

3. You can apply to the HC to order the de-sealing of OT during the pendency of quashing.

Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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No criminal action lies against the clerk without the previous sanction of the govt.
However you can file writ petition for damages put of this dereliction of duty of the concerned clerk.
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
If the clerk has intentionally played fraud on this issue, remedy for this is available with the higher office or with the vigilance department of the department. A criminal complaint with the police may not be entertained or maintainable. You can take the clerk into task with the help of the evidences in your possession which can be produced at the time of inquiry. A complaint withe District collector directly also  may have some action  initiated on this. 
T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0

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