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2025 DAILYLAW 21098 (ALL)

B. (VICTIM) v. STATE OF U.P. AND 2 OTHERS

WRIC/5339/2025 · 2025-02-27

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28635-DB Court No. - 29 Case :- WRIT - C No. - 5339 of 2025 Petitioner :- B. (Victim) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Sajiwan Mishra,Satyam Mishra Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and learned State Counsel for the State-respondents. Following orders were passed on 24.02.2025: Petitioner is a victim of sexual offence. She has moved an application before the concerned court for grant of permission to terminate the unwanted pregnancy. It is submitted that such claim of the petitioner has not been accorded consideration. In the facts of the case, we permit the petitioner to approach the respondent no. 3 alongwith a copy of this order, who shall ensure that a Medical Board is constituted, forthwith, in accordance with the provisions of the Medical Termination of Pregnancy Act, 1971 as well as the law laid down by the Supreme Court in Suchita Srivastava and another Vs. Chandigarh Administration, AIR 2010 SC 235. The required report shall submitted within three days of the petitioner's appearance before the Chief Medical Officer. Put up this case as fresh, once again, on 28.2.2025. Copy of the order will be supplied today on payment of usual charges. A report has been produced by learned State Counsel, according to which the victim is carrying pregnancy of 15 weeks and 2 days. It is also stated that in terms of the applicable Government Order, pregnancy up to stage of 20 weeks can be allowed to be terminated in case of the victim sexual assault. Report of the Committee is taken on record. Copy of the report is also given to the learned counsel for the petitioner. Once that be so, we direct Chief Medical Officer, Kanpur Nagar, to pass appropriate orders on the petitioner's application for terminating unwanted pregnancy due to sexual assault on her within three days from the date of presentation of the copy of this order before him. Chief Medial Officer will also ensure that tissue and blood sample of the fetus are preserved so that important evidence in criminal trial remains available. Accordingly, the present writ petition is disposed of. Order Date :- 28.2.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad