Xyz vs State Of Mah. Thr. Its Secretary ...
2022 Latest Caselaw 4318 Bom

wp166.22                                                                                          1
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH : NAGPUR


                    CRIMINAL WRIT PETITION NO. 166/2022
                                               XYZ
                                            ...VERSUS...
                                           State & anr.
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Office Notes, Office Memoranda of Coram,                       Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                             Shri A.S. Thotange, Advocate for the Petitioner(s)
                             Shri M.K. Pathan, APP for the Respondent/State


                            CORAM : V.M. DESHPANDE & AMIT BORKAR, JJ.

APRIL 25, 2022

On 30/03/2022, this Court has disposed of the Writ Petition with the following directions:-

"i. Petitioner is permitted to undergo the procedure of medically termination of pregnancy as per opinion of respondent no.3. The respondent no.3 shall carry out the necessary procedure for termination of pregnancy of petitioner as early as possible and in accordance with law.

ii. The blood sample and tissue sample of the fetus shall be preserved for the purpose of carrying out necessary medical tests including DNA and other tests, as may be ordered.

iii. The respondent no.2/investigating officer shall collect the blood samples of accused for the purpose of sending the same for DNA examination."

After disposal of the Writ Petition, the Victim has tendered the affidavit which is taken on record and marked as 'X' for the purposes of identification. By the

ANSARI

said affidavit, the Victim herself has now stated that she has developed love and affection towards the child and therefore she does not want to terminate her pregnancy.

In view of the said affidavit which is filed on her behalf by her Advocate, we are of the view that there is no relevance of the permission issued by this Court in the judgment dated 30/03/2022.

                                        (JUDGE)                        (JUDGE)




ANSARI