Madras High CourtWP/15360/2020disposed of

Dhanabal v. The Dean Thiruvarur Medical College And Hospital

2020-10-22Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2020

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.15360 of 2020 Dhanabal, S/o.Veeraiyan No.3/10, Keela Adi Dravidar Street, Kethanur, Thenkuvalaiveli Post, Valangaiman Taluk, Thiruvarur District - 612 801. ... Petitioner Vs

1. The Dean, Thiruvarur Medical College and Hospital, Thiruvarur District - 610 004.

2. The Inspector of Police, All Women Police Station, Nannilam, Thiruvarur District.

(Crime No.13 of 2020) ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the first respondent to terminate the pregnancy of the petitioner's minor daughter namely Mariyammal who is aged about 16 years, as per Section 3 of the Medical Termination of Pregnancy Act, 1971, at the earliest.

For Petitioner : Mr.M.Vijayaragavan For Respondents For R1 : Mr.Mr.E.Manoharan, Special Government Pleader For R2 : Mr.S.Thangavel, Special Government Pleader

ORDER

This petitioner has filed the present writ petition to direct the first respondent to terminate the pregnancy of the petitioner's minor daughter namely Mariyammal who is aged about 16 years, as per Section 3 of the Medical Termination of Pregnancy Act, 1971, at the earliest.

2. Heard Mr.E.Manoharan, the learned Special Government Pleader for the first respondent and Mr.S.Thangavel, Special Government Pleader for the second respondent

3. Mr. Manoharan, learned Special Government Pleader for the first respondent submits that the medical termination of pregnancy is taking place today as on date and therefore seeks permission of this Court for handing over the fetus (product) to the second respondent police for further investigation to proceed against the accused under the provisions POCSO Act, 2012. The same stands recorded. The first respondent is directed to handover the fetus(product) to the second respondent for further investigation.

4. With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mfa/Vv To 1.The Dean, Thiruvarur Medical College and Hospital, Thiruvarur District - 610 004.

2.The Inspector of Police, All Women Police Station, Nannilam, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

+1cc to the Government Pleader SR.34817 W.P.No.15360 of 2020 UM(CO) CB(08/12/2020)