High Court Of ChhattisgarhWPC/2260/2019disposed off

Abc v. State Of Chhattisgarh

2019-07-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2260 of 2019 Abc Anamika Yadav ( Minor ) D/o Shri Rampratap Yadav, Aged About 15 Years, Through Her Father Rampratap Yadav, S/o Shri Gayadeen Yadav Aged About 48 Years, R/o Ward No. 18, Rawan Bhanta, Indira Chouck, Mandir Hasoud, District - Raipur, District : Raipur, Chhattisgarh --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Ministry of Home Affairs ( Police ), Mahanadi Bhavan, Mantralaya, Atal Nagar ( Naya Raipur ) District Raipur Chhattisgarh.

2. The Superintendent of Police , District - Raipur Chhattisgarh.

3. Station House Officer, Police Station - Mandir Hasoud, District Raipur Chhattisgarh.

4. Ritesh @ Rinku Yadav S/o Ballu Yadav Aged About 24 Years R/o Rawan Bhanta, Indira Chouck, Mandir Hasoud District Raipur Chhattisgarh. Presently In Central Jail Raipur in Cr. No. 105 / 2019, Police Station - Mandir Hasoud, District Raipur Chhattisgarh. --- Respondent For the Petitioner : Mr. Akash Kumar Kundu, Advocate For the State/R-1 to R-3 : Mr. Alok Bakshi, Addl. Advocate General Hon'ble Shri Justice Goutam Bhaduri Order on Board 23.07.2019

1. The present writ petition is filed for termination of pregnancy of the petitioner who is said to be a minor and was subjected to rape.

2. This Court by order dated 09.07.2019 has called for the report whether the petitioner can be subjected to medical termination of pregnancy. Th report of the Medical Board is placed on record, which shows that a team of as many as 11

doctors have examined the victim girl on 19.07.2019 and on such examination, the following finding has been given : "USG findings are suggestive of retained products of conception which suggest that patient has already incompleted aborted that may need further management."

3. Dr. Jyoti Jaiswal is present in Court. She explains about the report and submits that there is no live foetus in the womb. In view of the fact that the abortion has already been carried out, no further order is required as per the Medical Termination of the Pregnancy Act. Therefore, nothing survives for adjudication in this writ petition. The petitioner shall be at liberty to have medical assistance and treatment as advised by the experts.

4. With the above observation, this writ petition stands finally disposed of.

Sd/- GOUTAM BHADURI JUDGE R a o