ORDER :

1. By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973 as well as under the provision of the Medical Termination of Pregnancy (Amendment) Act, 2021 (hereinafter referred to “MTP Act, 2021” for short), the petitioner has prayed for following reliefs,

“(A) xxx xxx xxx.

(B) Your Lordships be pleased to issue a Writ in nature of Mandamus directing the Medical Superintendent of the Sola Civil Hospital to immediate terminate the Pregnancy [currently 9 (nine) weeks] of the present Petitioner – Victim with a further direction to preserve the DNA of the fetus and submit the report to the Investigating Officer in the interest of justice;

(C) Pending admission, hearing and final disposal of the petition, Your Lordships may be pleased to allow the petitioner to terminate her pregnancy by the Medical Superintend, Sola Civil Hospital, Ahmedabad in the interest of justice;

(D) xxx xxx xxx.”

2. Heard learned advocate, Mr. Hriday Buch appearing for the applicant and learned APP Mr. D.M. Devnani appearing for the respondents.

3. Learned advocate for the petitioner submits the accused named in the FIR produced at Annexure-B at Page No.10 of the compilation, after luring, enticing and intimidating, had taken away the petitioner – victim girl and developed physical relations with the petitioner – victim girl, for which, the father of the victim has lodged aforesaid FIR and in pursuance thereto, the investigation was carried out and the accused and the victim were intercepted. It is submitted that thereafter, both were sent to undergo medical examination and after having undergone, it was found that the victim was having 7 (seven) weeks pregnancy and as on today, more than 10 weeks. It is submitted that the victim is a minor girl aged about 17 years and, hence, her mental health coupled with the fact that bearing and rearing of a child in the womb would create a great mental agony to her for her entire life and may invite other social economical problems and, hence, the father of the victim had orally requested the Medical Officer, Sola Civil Hospital for termination of her pregnancy, which was denied, which led to submission of written application narrating the said fact with a request for termination of the pregnancy, however till date, no reply has been received by the petitioner.

4. Learned advocate for the petitioner has placed reliance upon the provision of MTP Act, 2021 and submitted that in the said provision, it is specifically provided that where there is any pregnancy alleged by the pregnant woman to have been caused by rape, anguish cause by such pregnancy shall be presumed to constitute a grave injury to the mental health of the pregnant woman. Referring to the said provision, it is contended that the case of the petitioner – victim falls in such criteria and thus, appropriate direction may be issued.

5. Learned advocate for the petitioner has placed reliance upon the judgment of the Hon’ble Apex Court in case of Ms. Z Vs. State of Bihar, reported in (2018) 11 SCC 572 as well as the judgment of this Court in case of Janak Ramsang Kanzariya (minor) through Manjuben Knazar Vs. State of Gujarat & Anr., reported in 2011 Cri.L.J. 1306. Relying upon the judgment of this Court, it is contended that in case of pregnancy of 12 weeks, permission was granted for termination of pregnancy. It is, therefore, urged that this petition be allowed and relief as prayed for be granted.

6. On the other hand, learned APP has taken through the factual facts of the case and also verified the status of the victim girl. It is submitted that as per the order dated 04.06.2021 passed by the Coordinate Bench of this Court, the concerned Investigating Officer has taken the victim girl to Medical Officer, Sola Civil Hospital for medical examination on 07.06.2021 and after medical examination, the concerned Medical Officer has submitted his opinion, which is submitted before this Court in a sealed cover, copies of letter from Circle