Prosecutirix X vs The State Of Madhya Pradesh on 26 December, 2024

Madhya Pradesh High Court

Prosecutirix X vs The State Of Madhya Pradesh on 26 December, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                               1                                WP-41809-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       WP No. 41809 of 2024
                                        (PROSECUTIRIX X Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 26-12-2024
                                  None for the prosecutrix-X.
                                  Shri A.S. Baghel - Government Advocate for respondent/State.

This Writ Petition has been taken as suo motu on the ground that
Special Judge, Banda District- Sagar has rejected the application of
Medication Termination of Pregnancy in the case of Police Station – Bahrol,

District- Sagar in Crime No.234/2024 for offences under Sections 376(2) (h),
376(2) (n), 376(3) and 506 of IPC and section 5(n), 5(l) and 6 of POCSO
Act.

The learned Special Judge rejected the application in the light of order
dated 12.12.2024 passed in W.P.No.39431 of 2024 by the Co-ordinate Bench
at Indore.

None is present on behalf of the applicant.

Learned counsel for the State Mr. A.S. Baghel, Government Advocate
submits that the medical report of the prosecutrix from the concerned

Hospital Hamidia Hospital, Bhopal may be called where she is being treated
as per letter of Special Judge dated 26.12.2024.

Learned Counsel for the State undertakes to call report from the
concerned Hospital by Tomorrow i.e. 27.12.2024 and place before the Court
and looking to the nature of case in which it is submitted that prosecutrix is
eight months pregnant and as per order in W.P.No.39431 of 2024 dated

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 12/26/2024
5:52:07 PM
2 WP-41809-2024
12.12.2024 in section 3 of Medical Termination of Pregnancy Act, 1971,
twenty weeks time is given for termination of pregnancy.

List this case tomorrow i.e. 27.12.2024 at 2:30 for consideration of
report whether is it possible to terminate the pregnancy looking to the
advance stage of the pregnancy.

(AVANINDRA KUMAR SINGH)
V. JUDGE

rk.

Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 12/26/2024
5:52:07 PM