High CourtsSingle Bench(2023) 08 MP CK 0040

Prosecutrix X Through Her Natural Guardian Father Namely Chintoo Kushwaha vs The State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 7 August 2023

HON’BLE JUDGES
Milind Ramesh Phadke, J
CASE NUMBER
Writ Petition No. 19472 Of 2023

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Judgment

8 paragraphs · 217 words

Milind Ramesh Phadke, J

The instant petition is filed by rape victim for terminating fetus which is around 17 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 G.K. Agarwal - 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 11th August, 2023.

In the light of the aforesaid, Station House Officer, Mahila Thana, Datia, District Datia is directed to make the girl remain present before the Medical Board on 9th August, 2023.

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

List this case on 11.8.2023 on top of the list.