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2019 Supreme(Online)(MP) 1835

MADHYA PRADESH HIGH COURT
GULSHAN KUMAR ARORA, J
"X" v. State of M. P. and Others


Advocates:
For the Appellant/Petitioner: Ms. Sneha Mukherjee
For the Respondents: Mr. Ranjit Kumar, Mr. Nishant R. Katneshwarkar

1. The petitioner before this court is a rape victim and she has filed this present petition for issuance of an appropriate writ, order or direction directing the respondent No.2 to terminate the pregnancy.

2. On 16-04-2019 this court has directed the respondent No.2 to submit a report and report has been submitted by the Medical Board in a sealed cover. As per the report the petitioner is having 20-22 weeks of pregnancy and termination of pregnancy can be done as opined by the Medical Board. In almost identical circumstances this court in Writ Petition No. 7701/2018 dated 21-04-2018 has held as under : -
"06 - Thus, the report reflect that abortion can be carried out with the permission of this Court. The relevant statutory provisions i.e. S.3 and S.5(1) of the Medical Termination of Pregnancy Act , 1971 reads as under: -
"3. When Pregnancies may be terminated by registered medical practitioners. - (1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a registered medical practitioner shall not be guilty of any offence under that Code or under any other law for the time being in force, if any pregnancy is terminated by him in accordance with the provisions





















































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