When the petition is called out in the second sitting, pass over is requested on behalf of learned advocate for the petitioner. At the fag end of the second sitting, it is not possible to accept the request for pass-over. Hence, hearing is adjourned. S.O. to 25.1.2013.
2. After the above mentioned order is dictated, Ms. Raval, learned APP, has submitted that according to her instructions from the concerned Investigating Officer, the concerned girl has left her house and her family members are not ready and willing to lodge any complaint. She also submitted that since the concerned girl has left her house, it is also not possible for the police authorities to send the girl for medical examination to ascertain the risk factor, if any, in the event the request for medical termination of pregnancy is to be allowed as prayed for.
In view of the fact that more than 14 weeks have already passed, proper and detailed medical examination and proper report from the medical expert is imperative.
Therefore, the Court had already passed orders dated 27.11.2012 and 6.12.2012, however, medical examination has not been and could not be undertaken.
2.1 Ms. Raval, learned APP, further submitted that in view of the proceedings, a preliminary inquiry was made and such preliminary inquiry revealed that even according to the family of the concerned girl, the concerned girl is not available as she has left with a person and the said fact is known to the family of the said girl, however, since they have good relations with the said person, they do not want to lodge any complaint.
3. At this stage, Mr. Dagli, learned advocate for the petitioner, has appeared. Mr. Dagli, learned advocate for the petitioner, has submitted that the petitioner has already forwarded a complaint dated 12.12.2012.
3.1 In this context, Ms. Raval, learned APP, has submitted that according to the entry in the station diary dated 21.12.2012, father of the concerned girl was called and inquiry was made with him when he, i.e. father of the concerned girl stated that according to their information, the concerned girl has left with a person who is known to them and since they have good relations with the family of said person, he does not want to lodge any complaint against the said person.
Ms. Raval, learned APP, has submitted that until now, the whereabouts of the girl are not known and the girl has not returned to her place.
Under the circumstances, it is not possible for the police authorities to send her for medical examination.
4. Under the circumstances, the proceedings are adjourned with request to Ms. Raval, learned APP, to instruct the concerned Investigating Officer to conduct search/investigation and find out whereabouts of the girl.
S.O. to 27.12.2012.
(K.M.THAKER, J.) kdc Page 3