Ms. a Victim Case Crime No. 48/2025 (Minor ) Thru. Smt. X / Mother , in Case Crime No. 48/2025 vs State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and 5 Others

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 6318 of 2025

Petitioner :- Ms. A Victim Case Crime No. 48/2025 (Minor ) Thru. Smt. X / Mother , In Case Crime No. 48/2025 Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 5 Others

¶4

Counsel for Petitioner :- Ghulam Mohammad Kamil Counsel for Respondent :- G.A.

¶5

Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J.

¶6

Heard learned counsel for petitioner and learned A.G.A. for State.

¶7

The present writ petition has been filed by a rape victim through her mother claiming the following relief(s):-

¶8

"I. issue a writ, order or direction in the nature of mandamus commanding the opposite parties No. 2 and 5 to form an opinion in the matter with regard to medical examination of petitioner conducted on 4.3.2025 and supplementary medical report thereof was prepared on 24.3.2025 (Annexure No. 3 & 4 to the writ petition) and, further allow the petitioner to get her pregnancy terminated, which was caused due to rape committed upon her.

¶9

II. issue a writ, order or direction in the nature of further mandamus commanding the opposite party no. 1 i.e. State Government to provide reasonable compensation to petitioner keeping in view the present facts and circumstances of the case."

¶10

It is stated that the petitioner is a minor girl who was subjected to rape which led to filing of a First Information Report dated 20.02.2025 bearing F.I.R./Case Crime No.0048 of 2025, under Sections 137(2) & 87 of B.N.S., 2023, Police Station Tanda, District Ambedkar Nagar. According to counsel for the petitioner, petitioner was subjected to medical examination, according to which, she was declared pregnant of about four months. Petitioner does not want to continue with the pregnancy and wants to get the pregnancy terminated which has occurred consequent to the aforesaid incident/offence. In these circumstances, the petitioner has filed the present petition.

¶11

Considering the facts of the case as noticed hereinabove, we order Vice Chancellor, K.G.M.U. to constitute a Medical Board for medical examination of the petitioner which shall determine the age of the fetus and the feasibility of termination of her pregnancy.

¶12

Since petitioner is a minor girl, hence, the Medical Board shall consist at least of one psychologist, one gynecologist and other experts, as they may require, having expertise in dealing with such matters. The petitioner shall appear before the Registrar, K.G.M.U., Lucknow on 17.07.2025.

¶13

The Medical Board shall conduct the medical examination on the said date upon petitioner and submit its report immediately thereafter. The Police Station where FIR has been lodged and investigation is pending would also have to be informed. Once the report of the Board is received, we can pass necessary orders in this regard.

¶14

The Medical Board so constituted shall not only ascertain the pregnancy and age of the fetus but also as to whether the mental and physical condition of the alleged victim is such as to permit for undertaking the exercise of termination of pregnancy and whether there is any impediment in this regard and is there any danger to her life if such an exercise is done. The Medical Board shall ensure the medical examination of the petitioner and submit the report in this regard before this Court by the next date.

¶15

Learned Counsel for the K.G.M.U., Lucknow as well as learned A.G.A. shall ensure the medical examination of the petitioner and submission of report of the medical Board in this regard by the next date before this Court.

¶16

The Chief Medical Officer, Ambedkar Nagar is directed to send the petitioner by Government Ambulance to the K.G.M.U., Lucknow and also send a lady attendant along with the victim in the ambulance and also ensure that all the expenses are born by the State.

¶17

List this case on 21.07.2025, amongst top ten cases.

¶18

[Manish Kumar,J.] [Vivek Chaudhary,J.]

¶19

Order Date :- 15.7.2025 Nitesh

¶20

Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Ms. a Victim Case Crime No. 48/2025 (Minor ) Thru. Smt. X / Mother , in Case Crime No. 48/2025 v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Ms. a Victim Case Crime No. 48/2025 (Minor ) Thru. Smt. X / Mother , in Case Crime No. 48/2025 v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rameshwer vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Anil Yadav and Another vs State of U.P. Thru. Prin. Secy. Home Lko.a Nd 2 Others

Sameer and Another vs State of U.P. Thru. Secy. Home Lko. and 3 Others

Vivek Kumar vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Rameshwer vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 3 Others

Sameer and Another vs State of U.P. Thru. Secy. Home Lko. and 3 Others