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Orissa High Court
Victim Cum Informant vs State Of Odisha on 30 January, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMP No. 42 of 2026
Victim cum Informant .... Petitioner
-versus-
1. State of Odisha
2. All India Institutes of Medical
Sciences, Bhubaneswar, represented by
its Superintendent. .... Opp. Parties
Mr. Sarathi Jyoti Mohanty,
Additional Standing Counsel
CORAM:
HON'BLE MISS JUSTICE SAVITRI RATHO
ORDER
Order No. 30.01.2026
(Through hybrid Mode)
I.A. No. 21 of 2026
05. 1. This CRLMP has been disposed of on 21.01.2026 with the
following directions:-
"3. For the purpose of investigation, the
drawing of DNA sample of the foetus is necessary,
so the IIC, Binjharpur Police Station shall take
immediate steps for drawing of sample for
purpose of the DNA test of the foetus, before
termination of the pregnancy of the petitioner and
send such sample for conduct of DNA test. Such
sample shall necessarily be drawn before her
pregnancy is terminated.
4. As the petitioner is desirous that her
pregnancy be terminated at the Capital Hospital,
Bhubaneswar as her brother is staying in
Bhubaneswar, the IIC, Binjharpur Police Station
shall approach the Superintendent of Capital
Hospital, Bhubaneswar along with a downloaded
copy of this order, by 22.01.2026 so that after
obtaining the opinion of two registered medical
practitioners, as per Section-3(2) of the MTP Act,
the pregnancy of the petitioner is terminated
after observing all precautions for her safety and
well being, in the Capital Hospital, Bhubaneswar.
5. For the purpose of drawing of sample from
the foetus for conducting DNA test and medical
termination of her pregnancy, the petitioner shall
appear before the IIC, Binjharpur Police Station
on or before 23.01.2026.
6. It is directed that the medical termination
of pregnancy shall be done positively within a
period of two weeks from today in Capital
Hospital, Bhubaneswar after drawing sample of
the foetus for the purpose of DNA test, so that the
pregnancy of the petitioner does not cross the
period of 24 weeks."
2. On the basis of an I.A. filed on behalf of the Opposite
Party No.1, the case was listed yesterday i.e. 29.01.2026 on
special notice.
3. In the letter dated 28.01.2026 of the HOD, O&G,
PGIMER & CH, Bhubaneswar addressed to the Superintendent,
Capital Hospital, Bhubaneswar (copy of which has been sent to
the I.I.C., Binjharpur Police Station) and which is annexed to the
I.A., it has been mentioned that sample collection for fetal DNA
is required to be done prior to termination of pregnancy as
directed in the order of Hon'ble High Court and at present the
facility for fetal DNA collection (cordocentesis) is not available
at PGIMER and Capital Hospital, Bhubaneswar. Hence, the said
procedure cannot be undertaken at the institution and may be
forwarded to higher facility (AIIMS, Bhubaneswar).
4. In view of this letter and the urgency involved in the
matter, it was directed yesterday i.e. on 29.01.2026 that AIIMS,
Bhubaneswar represented by its Superintendent be impleaded as
Opposite Party No.2 in this CRLMP as well as the I.A and copy
of the order dated 21.01.2026 as well as copy of I.A. No.21 of
2026 was directed to be served on Mr. P.K. Parhi, learned
Deputy Solicitor General of India yesterday and the matter was
directed to be listed today.
5. Mr. J.N. Panda, learned Central Government Counsel
appears on behalf of AIIMS, Bhubaneswar and on instruction
submits that the testing for fetal blood by cordocentesis is not
available in O&G Department of AIIMS, Bhubaneswar at
present. The copy of this instructions dated 30.01.2026 of AIIMS
is taken on record.
6. As the Petitioner wants medical termination of her
pregnancy and being an adult and such pregnancy being nwithin
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.
10. In view of the urgency of the matter and to save the time,
the copy of the downloaded copy of this order from the High
Court website shall be utilized for the purpose of compliance by
the Opposite Parties.
11. The drawing of sample and the termination of pregnancy
should necessarily be done within one week from today.
12. With this observation and direction, the I.A is disposed of.
13. This Court appreciates the assistance of Mr. Mr. J. N.
Panda, learned CGC who has appeared on short notice and
obtained instructions from the AIIMS Authorities. This Court
also appreciates the assistance rendered by Mr. S. J. Mohanty,
learned Additional Standing Counsel to the Court for disposal of
the case.
(Savitri Ratho)
Judge
Sukanta
Signed by: SUKANTA KUMAR BEHERA
Designation: Senior Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 30-Jan-2026 17:18:20
