High CourtsSingle Bench(2023) 09 MP CK 0008

Gajanand Ahirwar vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 2 September 2023

HON’BLE JUDGES
Milind Ramesh Phadke, J
CASE NUMBER
Writ Petition No. 22638 Of 2023

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Judgment

9 paragraphs · 220 words

Milind Ramesh Phadke, J

The instant petition is filed by rape victim for terminating fetus which is around 30 weeks through her father and seeking permission of this Court for terminating the pregnancy in terms of Section 3,4 and 5 of the Medical

Termination of Pregnancy Act, 1971.

Since, it is a case of sexual harassment of a minor and the petitioner wants to get the pregnancy terminated, therefore, Chief Medical & Health Officer, Gwalior, District Gwalior is directed to constitute a Medical Board with experts in the field concerned and opinion be sought from the Medical Board with regard to the medical termination of pregnancy.

Shri Kaushlendra Singh Tomar - Government Advocate who appears on advance notice is directed to communicate this order to the concerned Chief Medical & Health Officer, Gwalior. District Gwalior.

The Chief Medical & Health Officer, Gwalior, District Gwalior is directed to constitute the said Medical Board within a period of two days and submit his report latest by 6th September, 2023.

In the light of the aforesaid, Station House Officer, Mahila Thana, Guna, District Guna is directed to make the girl remain present before the Medical Board on 4th September, 2023.

Let the aforesaid exercise be completed as per the aforementioned schedule.

List this case on 6th September, 2023 on top of the list.