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J.B.PARDIWALA
Pujaben Subedar Yadav-minor through her father Subedar Ramchandra Yadav – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Counsel for the Parties:
For the Applicant:Mr. Bharatkumar A Desai, Advocate
For the Respondent No.1: Ms. Shruti Pathak, APP

ORDER (ORAL)

J.B. Pardiwala, J.—Rule returnable forthwith. Ms. Pathak, the learned Additional Public Prosecutor waives service of notice of rule for and on behalf of the respondents.

2. By this writ application under Article 226 of the Constitution of India, the writ applicant, a minor, through her father namely, Subedar Ramchandra Yadav, has prayed for the following reliefs:

“(9) (A) Your Lordship be pleased to admit this petition.

(B) Your Lordship be pleased to issue appropriate writ or order or direction to terminate the pregnancy of petitioner – victim Pujaben who is minor aged 16 years, at the earliest, as the same being in the best interest of the victim considering her very young age, physical health and incident of rape causing grave injury to her mental health, and further be pleased to direct the respondent No.4 hospital to hand over in scientific manner, the tissues drawn from the foetus for DNA identification to the police inspector, Ramol Police Station, Ahmedabad, for onward transmission of the same to the concerned forensic science laboratory, in the interest of justice.

(C) Your Lordship be pleased to issue appropriate writ, or direction or order for termination

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