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