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2025 DAILYLAW 83949 (ALL)

AB (D) v. STATE OF U.P. AND ANOTHER

WRIC/28317/2025 · 2025-09-01

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28317 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Pursuant to order dated 26.8.2025, we are informed that the pregnancy has been terminated and as such the relief claimed stands granted. 2. By order dated 22.8.2025, we required the Chief Secretary, State of U.P., to file his affidavit and apprise the Court of the Guidelines, if any, framed by the State Government, regarding procedure to be followed to prevent delay while dealing with cases of termination of pregnancy of rape victims. In compliance, the Chief Secretary, State of U.P., has filed his affidavit, annexing therewith the Guidelines which are in place on the said aspect. It also appears that the State has compiled the Guidelines prescribed in this regard by different Authorities from time to time and has circulated the same amongst the Medical Officers of the State vide Circular letter dated 26.08.2025. 3. We find that despite the above guidelines, often delay takes place at different stages thereby posing risk to the life of the victim in the event of termination of pregnancy. We feel that loopholes should be filled and procedure should be laid down for sensitization of all involved in the process. 4. Having regard to the importance of the issue, we require the office to register a suo motto PIL with the title "In Re : Framing of Guidelines for sensitizing all concerned in cases of termination of pregnancies". 5. The papers be laid before Hon'ble the Chief Justice for nomination of Bench, and the matter be listed on 23.09.2025. 6. The present petition stands disposed of. September 2, 2025 Jaideep/- Versus Counsel for Petitioner(s) : Mohd. Samiuzzaman Khan, Zeeshan Khan Counsel for Respondent(s) : C.S.C. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Ab (D) .....Petitioner(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad