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2023 Supreme(Del) 5360

SWARANA KANTA SHARMA
Minor L Thr Guardian J. – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Anwesh Madhukar (DHCLSC) with Ms. Prachi Nirwan, Mr. Devesh Khanagwal, Advocates, for the Petitioner alongwith victim Minor L in person.
Mr. Yasir Rauf Ansari, ASC (Criminal) for the State with Mr. Alok Sharma, Mr. Vasu Aggarwal, Advocates and SI Preeti, P.S. Seemapuri, Delhi.

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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