High CourtsSingle Bench(2024) 01 MP CK 0004

VICTIM (X) vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 8 January 2024

HON’BLE JUDGES
Milind Ramesh Phadke, J
CASE NUMBER
Writ Petition No. 251 Of 2024

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Judgment

8 paragraphs · 216 words

Milind Ramesh Phadke, J

T he instant petition is filed by rape victim for terminating fetus which is around 10 weeks through her father and seeking permission of this Court for terminating the pregnancy in terms of Sections 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 S.S. Kushwah - 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 12.01.2024.

I n the light of the aforesaid, Station House Officer/In-charge, Policed Station Dursada, District Datia is directed to make the girl remain present before the Medical Board on 10.01.2024.

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

List this case on 12.01.2024 on top of the list.