MINOR X THRU. HER NATURAL GUARDIAN MOTHER SMT. ANEETA DEVI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE U.P. LKO. AND ANOTHER
WRIC/5875/2025 · 2025-06-18
Attau Rahman Masoodi, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146297 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146297 (ALL) · dailylaw.ai ]
Judgment text
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1 Neutral Citation No. - 2025:AHC-LKO:35786-DB In Chamber Case :- WRIT - C No. - 5875 of 2025 Petitioner :- Minor X Thru. Her Natural Guardian Mother Smt. Aneeta Devi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare U.P. Lko. And Another Counsel for Petitioner :- Shobhit Singh,Ajai Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.
1. The case of the petitioner who is a minor was taken up in Chamber in her presence and her natural guardian i.e. her mother as well as her counsel.
2. The medical report in pursuance of the order passed by this Court on 11.6.2025 has been placed before us which is taken on record. The medical report is not suggestive of the termination of pregnancy which has reached to an advanced stage of more than 27 weeks.
3. Having regard to the medical report as well as the reluctance on the part of the petitioner to terminate the pregnancy to which her mother has also agreed looking to the risk to the life of the pregnant minor girl.
4. In the given situation, the petitioner does not wish to pursue the present writ petition any further and it is prayed that the same may be dismissed as not pressed.
5. The writ petition is dismissed as not pressed. However, the State Medical Health Centres as well as KGMU, Lucknow are hereby
directed to provide adequate medical treatment to the victim- petitioner as and when she is brought to any of the hospitals.
6. The victim is also at liberty to avail the medical services at Veerangana Jhalkari Bai Women Hospital, Hazratganj, Lucknow
2 which is reachable easily. It is made clear that the Chief Medical Superintendent of the said hospital, as and when the petitioner is brought for medical treatment, shall not refuse her admission or OPD consultation and shall ensure that adequate medical treatment and medicines are provided to her as per the government policy free of cost.
7. We also direct the Home Department of U.P. Government to reimburse the expenses incurred by the petitioner during the course of her treatment or upkeep while being admitted in the hospital.
8. The Additional Chief Secretary, Department of Home as well as Commissioner of Police, Lucknow shall ensure that the treatment of the petitioner does not suffer on account of any dereliction of duty on the part of the State in making up the expenditure as may be required in the government hospitals mentioned above.
9.
Learned counsel for the State, in the meantime, shall also ensure that an Ayushman Health Card is also issued to the petitioner so that the medical facility as may be availble to the Ayushman Health Card holder is extended to the petitioner as per the scheme of the Central Government.
10. Let a copy of this order be supplied to the Chief Medical Superintendent, Veerangana Jhalkari Bai Women Hospital, Hazratganj, Lucknow; Commissioner of Police, Lucknow; and Additional Chief Secretary, Department of Home, Government of U.P. forthwith for necessary action. (Subhash Vidyarthi,J.) (Attau Rahman Masoodi,J.)
Order Date :- 18.6.2025 Fahim/- Digitally signed by :- MOHD FAHIM AKHTAR High Court of Judicature at Allahabad, Lucknow Bench