Allahabad High Court
Prosecutrix-H vs State Of U.P. And 3 Others on 17 October, 2025
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:187127-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36756 of 2025
Prosecutrix-H
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Riyaz Ahmad Siddiqui, Mumtaz Ahmad Siddiqui
Counsel for Respondent(s)
:
C.S.C.
In Chamber
HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Sri Riyaz Ahmad Siddiqui, learned counsel for the petitioner and Sri Pradeepta Kumar Shahi, learned Additional Chief Standing Counsel for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for writ of mandamus to command the authorities to dispose of the matter of request of the petitioner for medical termination of pregnancy.
3. Plea taken in the petition is that petitioner was a student of Muslim Degree College, Moradabad, where one Fahad Amaan was also pursuing study for graduation course. Both the petitioner and Fahad Amaan became friends and that is how intimacy developed. The result of the intimacy was that certain photographs of the petitioner were taken by said Fahad Amaan, which according to the petitioner showed her unpleasant condition and thereafter when she made a request to delete those photographs, he did not do the same assuring that one day he will marry. According to the petitioner, it is the assurance given by Fahad Amaan that physical relations developed between the two and ultimately she conceived pregnancy. However, when upon a repeated request, Fahad Amaan did not marry her rather set up a imposter in the name of Maulavi to show that he was entering into a matrimonial knot with the petitioner, which later on turned up a fraudulent act on the part of Fahad Amaan. Petitioner felt to have ditched by the said person Fahad Amaan and now, therefore, he wanted medical termination of pregnancy.
4. It is contended that in above regard petitioner already moved an application before the Chief Judicial Magistrate, Moradabad on 6th October, 2025, upon which Chief Judicial Magistrate called for a report from from the police station concerned but no report was submitted. It is contended that Section 3(2) of the Medical Termination of Pregnancy Act, 1971 the maximum period prescribed for termination of medical pregnancy is 20 weeks and it is under latest judgment of Supreme Court in the case of X v. Principal Secretary, Health and Family Welfare Department, Government of NCT of Delhi and another (2023) 9 SCC 433 that period is further extended to four weeks provided there is opinion rendered by the registered Medical Practitioner. Petitioner having found no other forum to raise such plea except to approach this Court invoking its extra ordinary jurisdiction under Article 226 of the Constitution.
5. We have perused the records and find that sufficient pleadings have been raised in the writ petition to the effect that there was no matrimonial knot entered between the petitioner and the said Fahad Amaan and that petitioner was not willing to continue with the conception to give birth to a baby.
6. It further transpires from the record that as per the medical report obtained by the petitioner in the matter on 29th September, 2025 18 weeks and 4 days had already passed since the conception as the age of the fetus was determined as 18 weeks and 4 days on 29th September, 2025 at 10:18 am.
7. Upon a pointed query being made about the legal position in the matter, learned counsel for the petitioner states that Medical Termination of Pregnancy Act, 1971 was lastly amended in the year 2021 and for the said purposes relevant provisions are 3(2C) and 3(2D) are for the determination of condition of the fetus so as to entitle the petitioner for medical termination of pregnancy. It is submitted that petitioner being major is entitled to render her consent for medical termination of pregnancy.
8. Learned Additional Chief Standing Counsel submits that it would be more appropriate in the matter to direct for constitution of the board for the purposes of determination of status of pregnancy and condition of the petitioner so as to proceed for medical termination of pregnancy and to place the same before the Chief Judicial Magistrate, where the application of the petitioner is still pending consideration.
9. In the facts and circumstances of the case where the petitioner is admittedly major and claims to have never entered into any matrimonial knot with another person namely Fahad Amaan and does not want to continue with the pregnancy, we hold her to be entitled to proceed for medical termination of pregnancy in accordance with law and the provisions contained under the Medical Termination of Pregnancy Act, 1971 and the rules framed therein. Accordingly, we dispose of this petition with following directions:
(a). The Chief Medical Officer, Moradabad shall proceed to constitute a medical board in complete tune and consonance with the provisions contained under Section 3(2C) and 3 (2D) of the Act, 1971 and the relevant Regulation 3 of the Medical Termination of Pregnancy Regulations, 2003 within hours i.e. by evening of 18th October, 2025 of the presentation of copy of this order and petitioner shall appear before the board concerned as per the directions by the Chief Medical Officer, Moradabad and the board so constituted shall render its report to the Chief Medical Officer within the next 12 hours' time by 19th October, 2025.
(b). As soon as the Chief Medical Officer, Moradabad receives the report from the board so constituted as directed herein above he shall place the report regarding status of the pregnancy of the petitioner and her condition to go for medical termination of pregnancy before the Chief Judicial Magistrate, Moradabad on the very next date 20th October, 2025 or on the next day.
(c). Upon receiving the report the Chief Judicial Magistrate, Moradabad shall proceed to dispose of the pending application of the petitioner by passing order in accordance with law and in terms of the provisions contained under the Medical Termination of Pregnancy Act, 1971 as amended in the year 2021 and the judgment of the Supreme Court in the case of X v. Principal Secretary (supra). If necessary, the Chief Judicial Magistrate shall hold court on 21st October, 2025 to ensure compliance of this order. If Chief Judicial Magistrate allows application for medical termination of Prayagraj, the Chief Medical Officer facilitate the same by making necessary applications, immediately by taking all necessary precautions to ensure safety to the health of petitioner.
10. Petitioner shall be presenting copy of this order within 24 hours before the Chief Judicial Magistrate, Moradabad along with an application and also before the Chief Medical Officer, Moradabad along with copy of this order.
11. Since the order is being passed in an extreme urgency involved in the matter, we direct that authority shall not wait for the production of certified copy of the order and copy downloaded from the official website of the High Court, shall be taken to be authentic copy for the purposes of compliance of this order.
12. Sri Pradeepta Kumar Shahi, learned Additional Chief Standing Counsel shall immediately communicate this order to the Chief Medical officer, Moradabad today itself.
13. Registrar (Compliance) shall also intimate this order to the Chief Judicial Magistrate, Moradabad today itself.
(Swarupama Chaturvedi,J.) (Ajit Kumar,J.)
October 17, 2025
Atmesh
