High CourtsSingle Bench(2021) 06 GUJ CK 0025

Hetalben Maheshbhai Vekriya Minor Through Maheshbhai Laxmanbhai Vekriya vs State Of Gujarat & 2 Other(S)

Gujarat High Court · Decided on 4 June 2021

HON’BLE JUDGES
B.N. Karia, J
CASE NUMBER
R/Special Criminal Application No. 5188 Of 2021

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Judgment

17 paragraphs · 285 words

B.N. Karia, J

By way of this petition, the petitioner has requested this Court to permit her daughter Hetalben to get her pregnancy terminated, after taking medical

opinion from the Medical Superintendent, Sola Civil Hospital and further requested to preserve the DNA of the fetus.

Heard learned advocate for the petitioner.

It was submitted by learned advocate for the petitioner that the accused person of CR No. 111920192100065 of 2021, which was registered with

Dholera Police Station, Ahmedabad (Rural) had intentionally enticed and intimidated the victim from the legal custody of her legal guardian, and

thereafter, the accused person and the victim came to be intercepted and the victim girl was sent for medical examination and during the medical

examination of the victim girl, she was found 7(seven) weeks pregnancy (Currently 9 (nine) weeks).

Issue requires consideration.

Rule returnable on 9th June 2021. Learned APP waives service of notice for and on behalf of the respondents.

Medical Superintendent, Sola Civil Hospital, Ahmedabad shall examine the minor girl of the petitioner namely Hetalben for her pregnancy and

condition of the victim girl and forward a clear opinion thereof before this court on or before the next date of hearing.

If Medical Superintendent is found/opined any Cardiologist or Pediatric problem of the victim, she may be examined by Cardiologist or Pediatric.

Investigating Officer is directed to take care of the victim girl and manage to accommodate her of receiving her from his residence to hospital vis-a-

versa hospital to his residence in vehicle owned by Government.

Copy of this order be supplied to the learned APP for the respondent-State, Medical Superintendent, Sola Civil Hospital Ahmedabad as well as

Investigating Officer forthwith today itself through E-mail and/or Fax.