Ab (2021) vs State Of U. P. - 2021 Supreme(All) 805

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(All) 805

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

Advocates:
Advocate Appeared:
For the Petitioner: Manoj Kumar Srivastava

JUDGMENT :

1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.

2. The petitioner is a victim of rape. She has prayed for a mandamus commanding the respondent authorities to permit her to terminate her undesirable pregnancy.

3. In brief, the case set up in the writ petition is that an FIR was lodged by the brother of the petitioner on 1.5.2021, under Section 363, 366, 506 IPC, alleging that she had been abducted by three named accused and two unknown persons. The police after investigation had submitted a charge sheet on 19.6.2021 against accused persons under Section 366, 376 IPC. The trial is stated to be pending. The petitioner has alleged that she is suffering from extreme mental agony caused by unwanted pregnancy. Reliance has been placed upon Section 3 of the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as the 'Act'), in contending that the pregnancy had resulted in great anguish to her and thus involves grave risk to her mental and physical health.

4. On 27.8.2021, after hearing counsel for the petitioner and learned