Dr. Sushil Garg, a Delhi-based Radiologist, has finally been discharged after a nine-year legal battle in a case that was falsely implicated on him under the PCPNDT (Pre-Conception Pre-Natal Diagnostic Act) and IPC sections 186, 353, 332, 341 and 34.
The case began after a raid on his diagnostic centre in the Karawal Nagar area of Delhi on 18 October 2016. Dr. Garg has finally been discharged from all the charges.
A team from Haryana, led by complainant Dr. Kuldeep Singh, the Deputy CMO of the state, went straight inside Dr. Garg’s clinic without any legal notice and implicated him under the PCPNDT (Pre-Conception Pre-Natal Diagnostic Act) which is used to prevent sex determination and female feticide.
The Act was formed to curb such penal crimes, making the offences under it cognisable, non-bailable and non-compoundable.
Judicial Magistrate Pankaj Rai of Karkardooma Court, Delhi, discharged Dr. Sushil Garg after clearing all the allegations and stating facts that made the initial raid illegitimate.
According to the “Order on Charge” sheet, the court listed the following arguments in favour of Dr. Sushil Garg:
There was no material evidence to frame charges.
The complainant (Dr. Kuldeep Singh) was not authorized to conduct the raid, and his jurisdiction was limited to Rohtak, Haryana.
The “reason to believe” requirement under Section 30 of the PC&PNDT (Pre-Conception Pre-Natal Diagnostic Act) was not satisfied.
There was no proof of assault or injury.
The use of pregnant women as decoy patients is against the intent of the Act.
Framing of charges requires only a prima facie case, not proof beyond reasonable doubt. Yet, after examining the evidence, the court concluded that no prima facie case was established against the accused.
A prima facie case means there is enough initial evidence to suggest that a person might have committed an offence, enough to move the case forward for trial.
18 October 2016: An unauthorized raid was carried out in Delhi. Police filed a case (FIR) under the Indian Penal Code and the PC&PNDT (Pre-Conception Pre-Natal Diagnostic Act).
2016–2019: After three years of investigation, no solid evidence was found.
6 December 2019: The court officially took up the case.
2019–2025: Legal proceedings continued for nine years.
17 October 2025: Final judgement, complete discharge.
MedBound Times connected with Dr. Sushil Garg for his thoughts on the case, and he said, “The Health Secretary of Haryana is the most corrupt and is involved in collecting money from all nodal officers across the districts of Haryana. The PC&PNDT (Pre-Conception Pre-Natal Diagnostic Act) has become a tool for promoting corruption and extorting money from doctors through fake and false cases against those who refuse to pay bribes.”
He further commented on the corruption that has been prevailing in society for so long that even innocents struggle to get justice.
He added, “If the rule-makers become bhakshak (predators), then a common man can only expect justice from the judiciary. There is an organised nexus within the bureaucracy at every level. The system is full of corrupt and criminal elements from top to bottom.”
The discharge of Dr. Sushil Garg is seen as a significant moment for medical professionals who face false implication under the PC&PNDT.
References:
1. State vs. Dr. Sushil Garg, FIR No. 356/16, CR Case No. 1516/2019 (JMFC-01/NE/KKD, October 17, 2025). PDF file.
