A ( Mother Of X ) v. State Of Maharashtra Thr. Gp And ORS

1 / 2 502-WP-13849-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13849 OF 2024 A (Mother of X) .... Petitioner versus The State of Maharashtra & Ors.

.... Respondents .......

• Mr. Ashley Cusher, Advocate for Petitioner.

• Ms. M.P. Thakur, AGP for State/Respondent No.1. • Mr. R. Y. Sirsikar, Advocate for Respondent Nos.2 and 3.

CORAM

: SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATE : 07th OCTOBER, 2024 P.C. :

1.

Not on board. Taken on production board.

2.

Learned counsel for the Petitioner points out that the Petitioner's daughter is a minor. She is a victim in an offence registered with Manpada Police Staiton, Thane, vide C.R.No.1095/2024 u/s 64, 64(2)(m) of the Bhartiya Nyaya Sanhita and u/s 4, 8, 12 of the Protection of Children from Sexual Offences Act, 2012.

Digitally signed by MANUSHREE NESARIKAR Date:

2024.10.07 20:28:46 +0530 3.

As of today, the Petitioner's daughter is 27 weeks' MANUSHREE NESARIKAR pregnant and she is desirous of terminating her pregnancy. Nesarikar

2 / 2 502-WP-13849-24.odt 4.

Learned AGP submits that the Medical Board is already constituted at J.J. Hospital for the purpose of MTP Act. Though, the pregnancy has crossed the limit of 24 weeks, considering that the victim is only 14 years of age, we are calling for the report of concerned Medical Board.

5.

Hence, the following order :

O R D E R

(i) The Petitioner along with her daughter shall remain present at 10.00 a.m. before the Superintendent, J.J. Hospital, Mumbai, on 08/10/2024.

(ii) The Medical Board constituted under the MTP Act shall carry out the necessary tests and submit their report in a sealed envelope before this Court at 10.30 a.m. on 09/10/2024.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)