[Cites 1, Cited by 0]
Orissa High Court
Victim Cum Informant vs State Of Odisha .... Opposite Parties on 2 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 42 of 2026
Victim Cum Informant .... Petitioner
Mr. Susanta Sekhar Parida, Advocate
-versus-
1. State of Odisha .... Opposite Parties
2. Superintendent, AIIMS,
Bhubaneswar
Mr. Sarathi Jyoti Mohanty,
Additional Standing Counsel
(For Opposite Party No.1)
Mr. J.N. Panda,
Central Government Counsel
(For Opposite Party No.2)
CORAM:
THE HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
02.02.2026
Order No.
06. (Through hybrid mode)
1. This IA was not in the list but was listed on account of a
mention memo filed by learned counsel for the Petitioner. He has
filed an IA with the following prayer.
"It is therefore prays that let this Hon'ble
Court would graciously be pleased consider the facts
stated above and after hearing the parties allowed the
application with directions that the Petitioner/Victim
be permitted to undergo medical termination of her
pregnancy forthwith at any Government Hospital or
any other Hospitals with the IIC, Binjharpur Police
Station to ensuring that foetal tissue and other
relevant samples are collected and preserved for
DNA examination before appropriate authority for
the purpose of investigation in connection with
Binjharpur P.S. Case No. 553 of 2025 without any
further delay for the greater interest of justice;
And passed such other order(s) / direction (s)
as would be deem fit and proper in the interest of
justice.
And for which act of kindness the petitioner
shall as in duty bound ever pray."
2. The prayer in the IA is totally misconceived as by orders
dated 21.01.2026 and 30.01.2026 direction had already been issued
for medical termination of the pregnancy of the Petitioner and
drawing of samples from the foetus for the purpose of DNA testing.
3. The prayer in the IA is not properly worded but Susanta
Sekhar Parida, learned counsel for the Petitioner submits that
pursuant to order dated 30.01.2026, the Petitioner along with the
IIC, Binjharpur Police Station had been to AIIMS, Bhubaneswar on
31.01.2026, but she was not examined by any doctor on that day. No
steps whatsoever were taken for termination of her pregnancy or
drawing of samples for DNA test. Reasons for not complying with
the order of this Court were not intimated to her. As her pregnancy
has crossed twenty-two weeks, she has filed this I.A. out of anxiety.
4. Mr. S.J. Mohanty, learned Additional Standing Counsel has
produced a communication dated 31.01.2026 of Prof. (Dr.) Dillip
Kumar Parida from the office of the Medical Superintendent,
addressed to the Inspector in-charge, Binjharpur Police Station
where it is stated that drawing of fetal sample intrauterine before
MTP in form of cordocentesis is not possible at AIIMS,
Bhubaneswar (response from HoD Obestetrics and Gynacology
enclosed). However, sample collection for DNA Testing from
Neonate after MTP is possible. The response of the HoD Obestetrics
and Gynacology which is supposed to be enclosed with the letter has
not been produced before the Court. Mr. Mohanty, learned
Additional Standing Counsel submits that the enclosure was not
supplied to the IIC, Binjharpur Police Station so he cannot produce
it before this Court.
5. Mr. Mohanty, learned Additional Standing Counsel submits
that the IIC had gone with the victim to AIIMS on 31.01.2026. But
in spite of order dated 30.01.2026 of this Court, the victim was
turned away from the hospital.
6. On 30.01.2026, the following direction had been issued.
"6. As the Petitioner wants medical termination
of her pregnancy and being an adult and such
pregnancy being within 24 weeks is permissible
after obtaining the opinion of two registered
medical practitioner as per the MTP Act, her
pregnancy can be terminated at AIIMS,
Bhubaneswar.
7. The drawing of sample from the foetus for
the purpose of DNA test is what concerns us. As
Capital Hospital does not have the facility to draw
sample from the foetus, we have added AIIMS as a
party where such facility is available. The DNA
sample which is drawn at can be preserved and
sent for testing at the institution in Delhi where
such facility is available within the permissible
time. So even if the testing facility is not available
in AIIMS, once the sample is drawn, it can be sent
to Delhi for the purpose of testing (DNA test)
thereafter.
8. Since, there is no time to obtain further
medical opinion in this case, liberty is given to
AIIMS, Bhubaneswar to draw sample of the foetus
either before medical termination of the pregnancy
of the Petitioner or after the termination of the
pregnancy, whichever is advisable / permissible. It
is also directed that as the pregnancy of the victim
is above 20 weeks but within 24 weeks, the opinion
of two registered medical practitioners is
necessary, which shall be complied by the AIIMS
authority before termination of her pregnancy.
9. It is expected that since AIIMS is a reputed
institution, all steps will be taken and all
precautions observed, so that the medical
termination of the pregnancy is conducted in
accordance with law, keeping the health of the
victim in mind and the sample drawn from the
foetus for the purpose of the DNA examination is
preserved and sent to the appropriate institution
expeditiously so that the DNA test can be
conducted within the permissible time before the
sample deteriorates."
7. Mr. J.N. Panda, learned Central Government Counsel
appearing on behalf of Opposite Party No.2 (AIIMS, Bhubaneswar)
produces the communication dated 2nd February, 2026 from the
Medical Superintendent, AIIMS, Bhubaneswar addressed to Mr.
P.K. Parhi, learned Deputy Solicitor General of India where it is
stated "in compliance to Hon'ble High Court in CRLMP No.42 of
2026, order dated 30.01.2026, patient to report to Dept. of O&G or
Emergency, AIIMS, Bhubaneswar preferably today or as early as
possible for further evaluation and needful." He also submits that no
further order is required for drawing of sample or termination of
pregnancy and the victim can come to AIIMS today itself.
8. When option had been given to the doctor for drawing
sample for DNA testing either before Medical termination of the
pregnancy or thereafter, it is not understood why letter dated
31.01.2026 was issued and why directions in order dated 30.01.2026
for medical termination of pregnancy and drawing of sample for
DNA test was not complied.
9. However, from perusal of the contents of letter dated
02.02.2026, it is apparent that no further direction is required to be
issued, but in view of the letter dated 31.01.2026 of Prof. (Dr.) Dillip
Kumar Parida, addressed to the Inspector in-charge, Binjharpur
Police Station and as the Petitioner is 22 weeks 5 days pregnant and
her pregnancy should necessarily be terminated before completion of
twenty four weeks, the matter shall be listed on 04.02.2026.
10. On that date, learned counsel for the Petitioner and the
Opposite Parties shall inform the Court about developments in the
meanwhile.
11. After considering the developments which take place today
and tomorrow this Court may direct for presence of the
Superintendent, AIIMS, Bhubaneswar in Court for assisting the
Court on a subsequent date, if further orders are required to be
passed.
12. The parties shall act upon the downloaded copy of this
order. But true copy of this order may also be collected by the
learned counsel for the parties from the Court Master.
(Savitri Ratho)
Judge
RKS/Subhalaxmi
Signed by: SUBHALAXMI PRIYADARSHANI
Location: Orissa High Court, Cuttack
Date: 02-Feb-2026 18:43:03
