MS. X (MINOR) VICTIM OF CASE CRIME NO. 53/2025 PS. JALALPUR A.NAGAR THRU. LEGAL GUARDIAN MOTHER v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL HEALTH AND FAMILY WELFARE AND 2 OTHERS
CRLP/2971/2025 · 2025-04-30
Brij Raj Singh, Vivek Chaudhary
body2025
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[ 2025 DAILYLAW 131316 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 131316 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24786-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2971 of 2025 Petitioner :- Ms. X (Minor) Victim Of Case Crime No. 53/2025 Ps. Jalalpur A.Nagar Thru. Legal Guardian Mother Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare And 2 Others Counsel for Petitioner :- Avinash Kumar Srivastava,Rajesh Kumar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. The present writ petition has been filed by a rape victim through her mother claiming the following relief(s):-
"(i) to issue a writ, order or direction in the nature of mandamus, directing and giving permission to opposite parties for performing procedure of termination of her i.e. petitioner 19 weeks pregnancy at a Government or Private Hospital, within the statutory period of twenty four (24) weeks of gestation, as provided under Section 3(2)(B) of the Medical Termination of Pregnancy Act, 1971; (ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party no.3 to constitute the Medical Board of Expert Medical practitioners, for evaluating the physical health of the petitioner, who is a minor girl and a rape survivor and victim of sexual abuse, so that she may undergo, procedure for termination of pregnancy expeditiously; (iii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1, to bear all the hospital and medical expenses, which may be required for this purpose, in the interest of justice."
2. In compliance of the order dated 15.4.2025, a short affidavit has been filed by the counsel for the KGMU. 3. In the affidavit filed today, Head of Department, Obstetrics and Gynecology has submitted his report vide letter dated
21.4.2025. The relevant paragraph no. 6 of the said affidavit is quoted hereinbelow:-
"That it is humbly submitted that the Head of Department, Obstetrics and Gynecology vide its letter dated 21.04.2025, informed that petitioner has been admitted to Queen Mary Hospital on 17.04.2025 at 02:11 A.M. with diagnosis of unmarried girl G1 with 21 weeks 04 days pregnancy with
alleged history of sexual assault under Unit I (Prof. Anjoo Agarwal, Prof. Renu Singh, Prof. Smriti Agarwal, Dr. Mona Asnani) for termination of pregnancy as per the order of this Hon'ble Court.
It was further informed that the process of termination of pregnancy was initiated and patient expelled on 19.04.2025 at 10:00 a.m. Samples, including foetus in normal saline, placenta in normal saline, air dried cord, patient's (petitioner) blood sample in one plain vial,one EDTA vial and two Heparin vial, were handed over to the investigating officer and female Constable. Furthermore, it was also informed that petitioner was discharged from Queen Mary Hospital on 21.04.2025 and at time of discharge, patient was well. A copy of letter dated 21.04.2025 is being annexed herewith as Annexure No. SA-01."
4. In view of above, no further order is required. 5. The writ petition is, accordingly, disposed of. [Brij Raj Singh, J.] [Vivek Chaudhary, J.] Order Date :- 30.4.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench