SWARANA KANTA SHARMA
Minor L Thr Guardian J. – Appellant
Versus
State – Respondent
JUDGMENT
Swarana Kanta Sharma, J. (Oral)
CRL.M.A. 30111/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P. (CRL) 3239/2023
3. The instant writ petition under Article 226 read with Article 21 of Constitution of India as well as Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed seeking following reliefs:
"i) Direct the Respondent No. 2 to form a board comprising not less than two registered medical practitioners and submit an opinion qua the medical termination of pregnancy of the Petitioner as warranted under Section 3(2)(b) of the Medical Termination of Pregnancy Act, 1971, and;
ii) Further direct the Respondents No.1 & 2 to medically terminate the pregnancy of the Victim/Petitioner in view of the Explanation No. 2, Section 3(2) of the Medical Termination of Pregnancy Act, 1970 (as amended till date), and
iii) Direct Respondent No. 1 to bear all the expenses necessary for the termination of the pregnancy of the Victim, her medicines, food etc; and
iv) Direct the Respondent No. 2 to preserve the terminal feotus for the purposes of DNA testing which would be required with reference to the criminal case which stands
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