KIRAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By way of this writ petition under Article 226 of the Constitution of India, the Petitioner is seeking following reliefs: <IMG>JUDGEMENT_149_LAWS(MPH)1_2023_1.JPG</IMG>

(2.) It is the case of the petitioner that her daughter is aged about 17 years 7 months and she went missing from home on 2/12/2022 and, accordingly, a missing person report was lodged vide No.146/2022 at Police Station Dabra. During investigation on 12/12/2022 a Crime No.1046/2022 was registered at Police Station Dabra under Sec. 363 of IPC against one accused Girraj Goli. On 1/1/2023 the police recovered the daughter of the petitioner from the custody of Girraj from Lucknow. The daughter of the petitioner was send for medical examination and it was found that she was carrying pregnancy of 7 weeks and 6 days and she being minor and subjected to sexual harassment didn't want to keep the child. Therefore, the petitioner who is mother of minor girl had sought termination of the pregnancy of her minor daughter by filing the present petition.

(3.) This Court vide order dtd. 25/1/2023 had directed the CMHO, Gwalior to constitute a Medical Board including experts in the field concerned to medically examine the prosecutrix and to submit report as to whether the medical termination of pregnancy of minor daughter of the petitioner is possible or not.