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2022 Supreme(UK) 120

MANOJ KUMAR TIWARI
X – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Pooran Singh Rawat, Advocate
For the Respondent: Mr. Pankaj Joshi, adv

JUDGMENT :

Heard learned counsel for the parties through video conferencing.

2. Petitioner is a minor girl, who was born on 27.09.2005, as per her date of birth recorded in High School Certificate. She is a victim of alleged rape and sexual abuse. In this writ petition, petitioner has sought a direction to respondents to terminate her pregnancy, as per provisions of Medical Termination of Pregnancy Act, 1971.

3. It is stated in the writ petition that she had made application to the Investigating Officer in respect of F.I.R. No. 188 of 2022 (registered on 25.05.2022 in P.S. Transit Camp, Rudrapur, Udham Singh Nagar) seeking permission to terminate the pregnancy. She had made similar request to District Magistrate, Udham Singh Nagar on 10.06.2022 by making an application, which is on record as Annexure-6 to the writ petition.

4. The relief sought in the writ petition is extracted below:-

    “i. Issue a writ order or direction in the nature of mandamus commanding the respondents to terminate the pregnancy of petitioner as per provisions of The Medical Termination of Pregnancy Act 1971 and further The Medical Termination of Pregnancy (Amendment) Act 2021 in pursuance to application submitted b

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