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2023 Supreme(SC) 779

B. V. NAGARATHNA, UJJAL BHUYAN
XYZ – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sanjay Parikh, Sr. Adv. Mr. Shashank Singh, AOR Ms. Yogyata Jhunjhunwala, Adv. Mr. Akash Alex, Adv. Mr. Sankalp Sharma, Adv. Mr. Alok Tripathi, Adv. Mr. Tej Pratap, Adv. Mr. Vishal Arun Mishra, AOR
For the Respondent(s): Mr. Tushar Mehta, SG Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv. Mr. Raunak Arora, Adv.

ORDER

Leave granted.

2. Learned Senior Counsel Mr. Sanjay Parikh submitted that Mr.

Shashank Singh, learned counsel is filing his ‘No Objection Vakalat’ on behalf of the appellant and the same may be accepted.

3. His submission is accepted. The Vakalatnama filed by Mr. Shashank Singh is taken on record.

4. “To give birth to an unwanted child or not” is the question posed by the appellant in this appeal, being unsuccessful before the Gujarat High Court. The dilemma of the appellant is compounded by the fact that she has filed an FIR, vide FIR No.11199059230324 of 2023 PS Zaghadiya dated 02.08.2023, against the person who is accused under Section 376(2)(n) of the Indian Penal Code for having sexual intercourse on the false pretext of marriage. On realising that she was pregnant and was about 25 weeks, she filed the Writ petition before the High Court of Gujarat, through her mother, under Article 226 of the Constitution of India read with Section 482 of Cr.P.C, 1973 and Section 3 of the Medical Termination of Pregnancy Act, 1971, seeking a direction to the respondent authority to terminate her pregnancy considering the grave injury that could result to her physical and mental health, from


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