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2011 DIGILAW 565 (ALL)

Yangliu @ Liuyang v. State of U. P.

2011-03-07

SHRI NARAYAN SHUKLA

body2011
Shri Narayan Shukla, J.;- Through the supplementary affidavit filed today by the petitioner, it has been brought to the notice of this Court that charge-sheet has been filed in the matter and cognizance has been taken, therefore, the matter is at the stage of post cognizance and thus the petition is well maintainable before this Court under Section 482 of the Code of Criminal Procedure. 2. Apart from above, I have already entertained the petition on merit. 3. The learned A.G.A. filed short counter affidavit, which is taken on record. 4. Through the short counter affidavit, he has invited the attention of this Court towards the provisions of the Medical Termination of Pregnancy Act, 1971 as well as Medical Termination of Pregnancy Rules, 2003, Medical Termination of Pregnancy Regulations, 2003 and the Uttar Pradesh Medical Termination of Pregnancy Regulations,1972 framed thereunder and submitted that she has to follow the rules and regulations provided therefor, once she is permitted for termination of pregnancy. 5. So far as the reasons for termination of pregnancy as has been assigned by the petitioner through her application as well as before this Court are concerned, those are undisputed and also lead for permission of termination of pregnancy. 6. Keeping in view the statement of objects and reasons, which permits the termination of inordinate pregnancy as I have observed in my order dated 4th of March, 2011 that the petitioner's request is well permissible under the Act, there is no reason to turn out her request by covering her case under Section 312 of the Indian Penal Code. Thus, I am of the view that the order dated 25th of February, 2011 passed by the Chief Judicial Magistrate, Bahraich suffers from error and is unsustainable. That being so is hereby quashed and the petitioner's application is allowed with the direction to the Jail Superintendent concerned to take necessary action in the matter and facilitate for termination of pregnancy in accordance with the rules and regulations framed therefor. Direction is issued accordingly and the petition is allowed.