Neutral Citation No. - 2025:AHC:11942-DB Court No. - 29 Case :- WRIT - C No. - 32209 of 2024 Petitioner :- Guardian Of Victim X Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Akhilendra Yadav Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Following order was passed on 20.01.2025:- "1. This petition has has been filed by the father of the minor victim of sexual assault with the prayer to direct the authorities to grant permission to abort the unwanted pregnancy. 2. An FIR has been lodged on 20.08.2024, wherein the minor victim was allegedly subjected to sexual assault. It transpires that before the Child Welfare Committee, a plea was raised by the father of the minor victim to undertake abortion. This is clearly reflected in the order of the Child Welfare Committed dated 27.08.2024. The length of pregnancy on 27.08.2024 was more than 11 weeks. 3. We are at a loss to understand as to why the authorities concerned did nothing to ascertain the wishes of the victim or her father, so that requisite permission to abort the unwanted pregnancy could have been granted. The petitioner has approached the Chief Medical Officer, Firozabad on 28.08.2024 itself. Copy of this letter has also been sent to the District Magistrate, Firozabad and the S.S.P., Firozabad. Even after expiry of around five months, nothing has been done. 4. Prima facie, we find the State action to be absolutely callous. Despite provisions of the Medical Termination of Pregnancy Act, 1971 as well as Rules framed thereunder and the directions of the Supreme Court in several cases, the authorities apparently have done nothing to attend to the victim of crime. This approach cannot be appreciated. However, before we proceed to fix the responsibility and take further action in the matter, we deem it appropriate to grant 48 hours' time to respondent nos. 2 and 3 to clarify the position by furnishing their explanation through the Standing Counsel present in the Court. 5. Learned Standing Counsel therefore, is directed to communicate our order to respondent nos. 2 and 3 today itself and obtain specific instructions with reference to the observations made herein above. 6. Considering the fact that the victim is a minor girl, who has been subjected to offence of rape, we direct the Registry to anonymize the parties and the petitioner would be referred to as guardian of victim X. 7. Put up this case as fresh on 23.01.2025 at 10:00 a.m." Learned Standing Counsel has obtained instructions from the concerned officers according to which the victim was admitted in the hospital on 28.08.2024 and various tests were being conducted for the purposes of consideration of her claim for abortion. However, the petitioner took the victim against medical advice to higher medical centre whereafter they never appeared before the authorities. It is also informed that the Chief Medical Officer on being informed, called for a report and in the ultrasound report dated 15.12.2024 the pregnancy report was found negative. It is submitted that there was no failure on part of the authorities in taking care of the minor victim. A signed letter of the petitioner is also annexed in which he has admitted that the victim was admitted in Womens Hospital, Firozabad on 28.08.2024, but he got her referred to Medical College at Agra and only a couple of days later the victim suffered mis-carriage. Petitioner has also stated that he does not want any further action in the matter. Learned counsel for the petitioner also states that no further relief is claimed in the present writ petition. In view of that matter, we dismiss the present writ petition. Order Date :- 23.1.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad