VidhiSangh

Supreme Court of India · 11/06/2026

DR. RAMESH versus STATE OF MAHARASHTRA & ANR.

[2026] 7 S.C.R. 75 · 2026 INSC 635

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Summary

The Supreme Court upheld the Magistrate's cognizance and issue of process against a doctor running a sonography centre for violations of the PCPNDT Act arising from errors and blanks in Form F records. Under the proviso to Section 4(3), incomplete or inaccurate records amount to a contravention of Sections 5 or 6 unless the contrary is proved, and complete Form F is mandatory. Such lapses are not mere technical errors, and the provisions cannot be diluted.

Issues

  1. Whether the Magistrate was right to take cognizance and issue process under Section 23 of the PCPNDT Act for violation of Sections 4(3), 5, 6 and 29 and the Rules, based on errors and blanks in Form F.
  2. Whether deficiencies in maintaining Form F records can be treated as inadvertent technical errors that do not justify prosecution.

Provisions considered

Held

Result

Appeal dismissed; the High Court's refusal to interfere with the Magistrate's order of 09.06.2016 taking cognizance and issuing process was upheld.

Judgment PDF: Supreme Court of India, [2026] 7 S.C.R. 75.