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Calcutta High CourtWPA/2059/2024disposed

X v. State Of West Bengal And ORS.

2024-02-09Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

9th February, (AK) W.P.A 2059 of 2024 X Vs.

The State of West Bengal and others Mr. Goutam Dey Mr. Prateep Bera Ms. Dipanwita Ganguly Mr. Ankan Mondal ...for the petitioner.

Mr. Sirsanya Bandopadhyay Mr. Arka Kr. Nag ...for the State.

1.

A report filed today as per previous direction by the concerned doctor who was in charge of the checkup of the petitioner by virtue of the order of this court is filed today and kept on record.

2.

It transpires from the same that in view of the tremendous pain being suffered by the petitioner at the relevant juncture, who was having labour pain and severe bleeding, the doctor was compelled, in order to give relief to the patient, to carry out the medical termination process immediately.

3.

Keeping in view the humanitarian aspect of the matter and since the doctor did the right thing in seeking to alleviate the pain of the patient, that is, the petitioner, I do not find that any contemptuous

act or deliberate violation of the order or dignity of the court has been done by the concerned doctors. 4.

Since the medical termination has already been carried out and the patient has been duly released from the hospital, the purpose for filing the writ petition has been sub-served.

5.

Accordingly, keeping the report on record and absolving the concerned doctors of all liability for not having strictly abided by the order of this court, WPA 2059 of 2024 is disposed of without any order as to costs.

Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)