KUMARI X THRU. HER MOTHER ,IN CASE CRIME NO. 108/2025 v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
CRLP/3175/2025 · 2025-05-08
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134452 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134452 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26987-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3175 of 2025 Petitioner :- Kumari X Thru. Her Mother ,In Case Crime No. 108/2025 Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Petitioner :- Abhishek Srivastava,Manoj Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Shubham Tripathi, learned counsel appearing for KGMU. 2. Present writ petition has been filed by a rape victim through her mother claiming the following relief(s):-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 (Chief Medical Officer, Lakhimpur Kheri) to medically terminate the petitioner's pregnancy. (ii) Issue a writ, order or direction in the nature of mandamus to the respondent no. 1 to provide compensation for the loss and injury caused by the offence under the Victim Compensation Scheme provided under section 357-A of Code of Criminal Procedure (now under section 396 of B.N.N.S., 2023)."
2. In compliance of the order dated 1.5.2025, an affidavit has been filed today by learned counsel for the KGMU, which is taken on record. 3. In the affidavit filed today, Head of Department, Obstetrics and Gynecology has submitted his report vide letter dated
6.5.2025. 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 06.05.2025, informed the Registrar, KGMU that petitioner has been admitted to Queen Mary Hospital on 03.05.2025 at 12:03 A.M.
with diagnosis of unmarried girl G1 Po+o with pregnancy 13 weeks with alleged history of sexual assault with moderate anemia under Unit 5 (Prof. Seema Mehrotra, Dr. Vidisha Khanns, Dr. Priyanka Singh) 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 04.05.2025 at 03:00 A.M. Samples, including products of conception in normal saline, patient's (petitioner) blood sample in one plain vial, one EDTA vial and two Heparin vial, were handed over to the investigating officer for further proceedings and analysis. Furthermore, it was also informed that petitioner was discharged from Queen Mary Hospital on 05.05.2025 and at time of discharge, patient was well.
A copy of letter dated 06.05.2025 is being annexed herewith as Annexure No. SA-01."
4. In view of above, no further order is required to be passed in the present matter. 5. The writ petition is, accordingly, disposed of. . [Brij Raj Singh,J.] [Vivek Chaudhary,J.] Order Date :- 8.5.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench