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2021 Supreme(All) 502

MANOJ KUMAR GUPTA, DEEPAK VERMA
CD (2021) – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Nipun Singh.
For the Respondent: C.S.C.

JUDGMENT :

1. Heard Sri Nipun Singh, learned counsel for the petitioners and Sri Manish Goel, learned Additional Advocate General, Sri Suresh Singh, learned Additional Chief Standing Counsel, assisted by Sri Hari Keshav, learned Standing Counsel, for the respondents.

2. The first petitioner is a victim of gang rape. She has prayed for a mandamus commanding respondent 2 to permit her to terminate her unwanted pregnancy.

3. In brief, the case set up in the writ petition is that petitioner no. 1 while on her way to school, was kidnapped. Petitioner 2, who is father and natural guardian of petitioner no. 1, got registered a FIR (Case Crime No. 0036 of 2021) on 29.1.2021, under Section 363 IPC, against one Manjit. When even after expiry of five months, the police failed to trace out petitioner no. 1, a writ petition bearing number 4571 of 2021 was filed before this Court, wherein direction was given to the police authorities to ensure recovery of the victim girl. On 22.7.2021, petitioner no. 1 was recovered from the custody of named accused. She was produced before Child Welfare Office

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