Dr. Poonam Misra vs State And Anr on 5 August, 2026

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    Delhi High Court

    Dr. Poonam Misra vs State And Anr on 5 August, 2026

    Author: Purushaindra Kumar Kaurav

    Bench: Purushaindra Kumar Kaurav

                                    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                 BEFORE
                         HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
    
    
                     +          CRL.M.C. 2900/2021and CRL.M.A. 18263/2021
    
                                Between:
    
                                DR. POONAM MISHRA
                                R/O E-144, GREATER KAILASH-II,
                                NEW DELHI-110048                                              .....PETITIONER
    
                                (Through: Mr. Faraz Maqbool, Ms. A Sahitya Veena and Ms.
                                Deepshikha, Advocates.)
    
                                                                   Versus
    
                                1. STATE OF NCT OF DELHI
                                (THROUGH ITS STANDING COUNSEL)
                                NEW DELHI.                     .....RESPONDENT NO.1
    
    
                                2. MS. Y                                               ...RESPONDENT NO.2
    
                                (Through:Ms. Shubhi Gupta, APP for State with SI Rahul Lamba, PS
                                Saket.)
    
                          ------------------------------------------------------------------------------------
                     %                                                  Reserved on: 17.07.2026
                                                                        Pronounced on: 05.08.2026
                              -----------------------------------------------------------------------------------
    
    
    
    
    Signature Not Verified                                                                    Signature Not Verified
    Signed By:NEHA CHOPRA                                                                     Signed
    Signing Date:05.08.2026                                                                   By:PURUSHAINDRA
    18:13:24                                                          1                       KUMAR KAURAV
                                                   JUDGMENT
    

    The Medical Termination of Pregnancy Act, 1971 (“MTP Act“) was
    not enacted to create an unqualified license to terminate pregnancy on
    demand. It was enacted to carve out the circumstances in which what would
    otherwise be an offence under Sections 312 to 316 of the Indian Penal Code,
    1860 (“IPC“) ceases to be punishable, provided the termination is performed
    strictly in the manner the Act contemplates. Section 3 of the MTP Act, as it
    stood at the relevant time in July 2019, before the 2021 amendment,
    permitted termination up to twelve weeks on the opinion of a single
    registered medical practitioner formed in good faith, and between twelve
    and twenty weeks on the concurring opinion of two such practitioners, in
    either case only where the specified grounds under Section 3(2) were
    satisfied.

    2. Section 3(4)(a) of the MTP Act provides that no pregnancy of a
    woman who has not attained the age of eighteen years shall be terminated
    except with the consent in writing of her guardian. Section 3(4)(b)
    separately requires that, save in the case of a lunatic, no pregnancy shall be
    terminated without the consent of the pregnant woman herself. The two
    requirements are cumulative, where the pregnant person is a minor; her own
    assent is necessary but is not sufficient. The guardian’s written consent is an
    independent precondition without which the “consent” spoken of by the
    MTP Act simply does not exist in the eye of law, regardless of how many
    signatures may appear on a hospital’s own consent form.

    SPONSORED

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    Signed By:NEHA CHOPRA                                                      Signed
    Signing Date:05.08.2026                                                    By:PURUSHAINDRA
    18:13:24                                               2                   KUMAR KAURAV
    

    3. The reason this distinction matters is that a minor’s purported consent
    to invasive medical treatment is, throughout the general law, treated as no
    consent at all. Section 90 of the IPC itself excludes, from the definition of
    valid consent, consent given by a person under twelve years of age, and the
    jurisprudence surrounding consent of minors more generally treats a minor
    as incapable of appreciating the nature and consequences of the act to which
    she is asked to agree.

    4. The MTP Act‘s insistence on guardian consent for a minor is a
    legislative recognition of this incapacity. It follows that where a registered
    medical practitioner terminates the pregnancy of a person who is, in fact, a
    minor, without obtaining the guardian’s written consent because the
    practitioner has not ascertained, or has been misled about, the true age of the
    patient, the termination is not saved by Section 3 of the MTP Act merely
    because a document styled as”consent form” bears a signature.

    5. The MTP Act and Regulations therein did not leave the mechanics of
    ascertaining age, consent, and the practitioner’s opinion to informal practice.
    Section 6 of the MTP Act empowers the Central Government to make rules
    to carry out the purposes of the Act, and Section 7 of the MTP Act
    empowers the State Government to make regulations, not directory
    guidelines, but regulations having the force of subordinate legislation,
    prescribing, among other things, the manner in which the opinion under
    Section 3 is to be certified and the records that a registered medical
    practitioner and the place at which the termination is performed are obliged
    to maintain.

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    Signed By:NEHA CHOPRA                                                        Signed
    Signing Date:05.08.2026                                                      By:PURUSHAINDRA
    18:13:24                                                 3                   KUMAR KAURAV
    

    6. Pursuant to this rulemaking power, the Medical Termination of
    Pregnancy Regulations, 2003 (“the MTP Rules 2003”) prescribe Form-I as
    the form in which the opinion of the registered medical practitioner(s) under
    Section 3 of the MTP Act must be certified before a termination is
    undertaken.The registered medical practitioner is not permitted to certify an
    opinion under Section 3 in the abstract; the form requires that the opinion be
    anchored to one of five specified grounds set out on its face, to be selected
    as applicable, including, at item (iv), that “the pregnancy is alleged by
    pregnant women to have been caused by rape.” The form thus obliges the
    practitioner to identify and commit to writing the specific ground on which
    the termination is being carried out. Where that origin is stated to be an
    assault, the practitioner is not left free to record the opinion under a more
    general head.The structure of the form directs the practitioner’s attention
    specifically to that circumstance and requires it to be noted down as the
    basis of the certified opinion. Form I, in other words, is not merely a record
    of the practitioner’s conclusion that a termination may lawfully proceed. It is
    a record of the reason offered for that conclusion, and where rape is that
    reason, the form is drafted to require it to appear in writing rather than
    remain unstated.

    Rule 9 and Form I of the MTP Rules is reproduced as under:

    “9. Form of consent.

    The consent referred to in sub-section (4) Of section 3 shall be given in
    Form C.”

    RMP OPINION FORM

    FORM I

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    Signed By:NEHA CHOPRA Signed
    Signing Date:05.08.2026 By:PURUSHAINDRA
    18:13:24 4 KUMAR KAURAV
    I___________________________________________________________

    (Name and qualifications of the Registered Medical practitioner in block
    letters)

    (Full address of the Registered Medical practitioner)

    I___________________________________________________________
    (Name and qualifications of the Registered Medical practitioner in block
    letters)

    (Full address of the Registered Medical practitioner) hereby certify that
    *I/We am/are of opinion, formed in good faith, that it is necessary to
    terminate the pregnancy of

    (Full name of pregnant women in block letters) resident of

    (Full address of pregnant women in block letters)

    for the reasons given below**.

    *I/We hereby give intimation that *I/We terminated the pregnancy of the
    woman referred to above who bears the serial no. ________________ in
    the Admission Register of the hospital/approved place.

    *Strike out whichever is not applicable,
    ** of the reasons specified items (i) to (v) write the one which is
    appropriate.

    (i) in order to save the life of the pregnant women,

    (v) in order to prevent grave injury to the physical and mental health of
    the pregnant women,

    (v) in view of the substantial risk that if the child was born it would
    suffer from such physical or mental abnormalities as to be
    seriously handicapped,

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    Signed By:NEHA CHOPRA Signed
    Signing Date:05.08.2026 By:PURUSHAINDRA
    18:13:24 5 KUMAR KAURAV

    (iv) as the pregnancy is alleged by pregnant women to have been
    caused by rape,

    (v) as the pregnancy has occurred as result of failure of any
    contraceptive device or methods used by married woman or her husband
    for the purpose of limiting the number of children

    Note :Account may be taken of the pregnant women’s actual or reasonably
    foreseeable environment in determining whether the continuance of her
    pregnancy would involve a grave injury to her physical or mental health.

    Signature of the registered Medical Practitioner

    Signature of the registered Medical Practitioners

    Place :

    Date :

    [Emphasis Supplied]

    7. Separately, Form C, read with Rule 9 of the MTP Rules, is the form
    of consent prescribed where the pregnant person is a minor or a person of
    unsound mind.It is the document through which the guardian’s consent
    under Section 3(4)(a) of the MTP Act is to be recorded, distinct from and in
    addition to the pregnant person’s own consent. Where the treating
    practitioner has not established that the patient is an adult capable of giving
    her own valid and complete consent, Form C is not an optional formality; it
    is the sole statutory mechanism by which the termination of a minor’s
    pregnancy can lawfully proceed at all. Form C of MTP Rules 2003 is
    reproduced as under:-

    FORM C
    (Consent Form)

    I …………………………………………… daughter/wife of…………………………aged
    about ……………………………………….Years of …………………………………………

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    Signed By:NEHA CHOPRA                                                                                            Signed
    Signing Date:05.08.2026                                                                                          By:PURUSHAINDRA
    18:13:24                                                                        6                                KUMAR KAURAV
                               (here state the permanent address)
    
    

    at present residing at …………………………………………………….. do herebygive
    my consent to be termination of my pregnancy at…………………………..

    (State the name of place where the pregnancy is to be terminated).

    Place :

    Date :

    Signature

    (To be filled in by guardian where the woman is a lunatic or minor).

    I …………………………………………… son/daughter/wife of ……………………..

    aged about …………………………………… Years of ……………………………….. at
    present residing
    at…………………………………………………………………………..(permanent
    address)………… do hereby give my consent to the termination of my
    pregnancyof my ward ………………………….. who is a minor/lunatic at
    …………………………

    (Place of termination of pregnancy).

    Place :

    Date :

    Signature

    8. The unavoidable inference from this scheme is that verification of age
    is foundational to the practice of a registered medical practitioner
    performing terminations. A practitioner who fails to ascertain age, or who
    proceeds to terminate a pregnancy on the strength of an orally declared age
    without any document to support it, does not merely commit a procedural
    lapse; she disables the very mechanism.

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    Signed By:NEHA CHOPRA                                                                                        Signed
    Signing Date:05.08.2026                                                                                      By:PURUSHAINDRA
    18:13:24                                                                     7                               KUMAR KAURAV
    

    9. This scheme also intersects with the Protection of Children from
    Sexual Offences Act, 2012
    (“POCSO Act“). Every pregnancy in a girl
    below eighteen years is, as a matter of law, traceable to a penetrative sexual
    act that the POCSO Act treats as an offence irrespective of any question of
    consent on the part of the minor. Section 3 read with Section 5 of the
    POCSO Act does not recognise the concept of a minor’s consent to sexual
    activity as a defence. It follows, ineluctably, that any registered medical
    practitioner attending upon a pregnant minor is, by that very fact, in the
    position of a person who has or ought reasonably to have “knowledge”,
    within the meaning of Section 19(1) of the POCSO Act, that an offence
    under that Act is likely to have been committed.

    10. Section 19(1) of the POCSO Act operates as a mandatory reporting
    obligation imposed on the ordinary practice of obstetric medicine wherever
    a minor’s pregnancy is involved, and Section 21 of the POCSO Act visits
    penal consequence,i.e., imprisonment extending to six months, or fine, or
    both, on a failure to discharge that obligation.Sections 19 and 21 of the
    POCSO Act are reproduced as under:-

    “Section 19: Reporting of offences

    (1) Notwithstanding anything contained in the Code of Criminal
    Procedure
    , 1973 (2 of 1974) any person (including the child), who has
    apprehension that an offence under this Act is likely to be committed or
    has knowledge that such an offence has been committed, he shall provide
    such information to,–

    (a) the Special Juvenile Police Unit; or

    (b) the local police.

    (2) Every report given under sub-section (1) shall be–

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    Signed By:NEHA CHOPRA                                                               Signed
    Signing Date:05.08.2026                                                             By:PURUSHAINDRA
    18:13:24                                                       8                    KUMAR KAURAV
    

    (a) ascribed an entry number and recorded in writing;

    (b) be read over to the informant;

    (c) shall be entered in a book to be kept by the Police Unit.

    (3) Where the report under sub-section (1) is given by a child, the same
    shall be recorded under subsection (2) in a simple language so that the
    child understands contents being recorded.

    (4) In case contents are being recorded in the language not understood by
    the child or wherever it is deemed necessary, a translator or an
    interpreter, having such qualifications, experience and on payment of such
    fees as may be prescribed, shall be provided to the child if he fails to
    understand the same.

    (5) Where the Special Juvenile Police Unit or local police is satisfied that
    the child against whom an offence has been committed is in need of care
    and protection, then, it shall, after recording the reasons in writing, make
    immediate arrangement to give him such care and protection including
    admitting the child into shelter home or to the nearest hospital within
    twenty-four hours of the report, as may be prescribed.

    (6) The Special Juvenile Police Unit or local police shall, without
    unnecessary delay but within a period of twenty-four hours, report the
    matter to the Child Welfare Committee and the Special Court or where no
    Special Court has been designated, to the Court of Session, including need
    of the child for care and protection and steps taken in this regard.

    (7) No person shall incur any liability, whether civil or criminal, for giving
    the information in good faith for the purpose of sub-section (1).”

    “Section 21: Punishment for failure to report or record a case:

    (1) Any person, who fails to report the commission of an offence under
    sub-section (1) of section 19 or section 20 or who fails to record such
    offence under sub-section (2) of section 19 shall be punished with
    imprisonment of either description which may extend to six months or
    with fine or with both.

    (2) Any person, being in-charge of any company or an institution (by
    whatever name called) who fails to report the commission of an offence
    under sub-section (1) of section 19 in respect of a subordinate under his
    control, shall be punished with imprisonment for a term which may extend
    to one year and with fine.

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    Signed By:NEHA CHOPRA                                                                     Signed
    Signing Date:05.08.2026                                                                   By:PURUSHAINDRA
    18:13:24                                                        9                         KUMAR KAURAV
    

    (3) The provisions of sub-section (1) shall not apply to a child under this
    Act.

    [Emphasis Supplied]
    FACTUAL MATRIX

    11. FIR No. 400/2019 was registered on 04.10.2019 at PS: Saket, Delhi
    under Sections 376/313/506/34 IPC and Section 6 POCSO Act, on the
    complaint of the prosecutrix, who alleged that she was administered an
    intoxicant and sexually assaulted by the main accused, Rishipal Chaudhary,
    and thereby conceived.

    12. On 26.07.2019, the prosecutrix, accompanied by co-accused Anita
    (who presented herself as the prosecutrix’s aunt), presented at Bhatia
    Medical Centre, Ambedkar Nagar (“BMC”), where the petitioner examined
    her and, finding her six weeks pregnant, referred her to Talwar Medical
    Centre, Greater Kailash-II (“TMC”), where the petitioner held a rented
    consulting chamber and performed termination there itself.

    13. In her medico-legal examination at AIIMS on 04.10.2019, and in her
    statement under Section 164 CrPC on 10.10.2019, the prosecutrix made no
    allegation against the petitioner. She stated instead that co-accused Anita
    had told the hospital staff that the child belonged to the prosecutrix’s
    boyfriend, and had caused her age to be recorded as twenty though it was, in
    reality, sixteen. Statements recorded under Section 161 CrPC on 16.10.2019
    and 18.10.2019 are, likewise, silent qua the involvement of the petitioner.

    14. The main chargesheet, filed on 13.12.2019, arrayed Rishipal
    Chaudhary, Anita, and Nitin Aggarwal as accused under Sections
    376AB
    /312/201/506/34 IPC and Sections 6/21 POCSO Act. The petitioner

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    Signing Date:05.08.2026 By:PURUSHAINDRA
    18:13:24 10 KUMAR KAURAV
    featured only as a prosecution witness and cognisance post that was taken
    vide order dated 17.12.2019.

    15. On 22.02.2020, the prosecutrix filed a protest petition alleging, for the
    first time, that the doctors at TMC had performed the termination in
    conspiracy with the main accused, by forging her signatures on the TMC
    papers, and misplacing the form recording her true date of birth from the
    documents relied upon in the chargesheet. When the protest petition was
    argued, the Investigating Officer informed the Trial Court that no
    incriminating evidence had been found against the doctors, and that the
    prosecutrix had not, until then, questioned any TMC document.

    16. By the impugned order dated 29.09.2020, the Trial Court allowed the
    protest petition and directed further investigation into “whether the doctors
    at Talwar Medical Center had carried out the abortion of the victim against
    the law/rules while knowing the fact that the victim was a minor girl and in
    collusion with the main accused persons and they consciously did not report
    the matter to the police in terms of Section 19 of the POCSO Act,
    2012.Paragraph 9 of the order dated 29.09.2020 is reproduced as under:-

    “9. Accordingly, the IO of the case is directed to further investigate the
    matter with respect to the fact that whether the doctors at Talwar Medical
    Centre had carried out the abortion of the victim against the law/rules
    while having knowledge of the fact that the victim was a minor girl and in
    collusion with the main accused persons, namely, Rishipal and Anita and
    they consciously did not report the matter to the police in terms of Section
    19
    of the POCSO Act, 2012″.

    17. Pursuant to this direction, the Investigating Officer recalled the
    petitioner on 03.10.2020 and seized the admission register of BMC. The

    Signature Not Verified Signature Not Verified
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    Signing Date:05.08.2026 By:PURUSHAINDRA
    18:13:24 11 KUMAR KAURAV
    investigation stood transferred, at the instance of the prosecutrix, from PS
    Saket to PS Malviya Nagar. On 19.11.2020, a further Section 161 statement
    of the prosecutrix was recorded, in which she stated, for the first time, that
    she had herself filled an admission slip at TMC, recording her date of birth
    as 03.09.2003. Prosecutrix in her 161 CrPC statement also affirmed the
    incident of hospital staff recording her age, to which the petitioner
    responded “marvaogekyaise 20 years karo”.

    18. On interrogation, the petitioner stated that no identity, residence, or
    age proof of the prosecutrix had been obtained, and that Form I, the form of
    certified opinion contemplated for a termination of pregnancy, had not been
    completed. The supplementary chargesheet treats this as attracting “Section
    7
    of the Medical Termination of Pregnancy Act, 1971 read with Rule 3 of
    MTP Regulation, 2003,” and records that, the prosecutrix being a minor, she
    was incapable in law of consenting to the procedure, rendering the question
    of her signature immaterial and attracting Sections 313 and 201 IPC.

    19. The supplementary chargesheet dated 19.02.2021 was filed on this
    basis, arraigning the petitioner as sole accused under Sections 313 and 201
    IPC and Section 7 MTP Act. Vide order dated 31.07.2021, the Trial Court
    took cognizance, additionally invoked Section 21 POCSO Act, and
    summoned the petitioner. The petitioner joined proceedings on 11.10.2021,
    applied for bail the same day, and was enlarged on regular bail on
    30.10.2021.

    II. SUBMISSIONS ON BEHALF OF THE PARTIES:

                           (i)      On behalf of the Petitioner:
    
    Signature Not Verified                                                          Signature Not Verified
    Signed By:NEHA CHOPRA                                                           Signed
    Signing Date:05.08.2026                                                         By:PURUSHAINDRA
    18:13:24                                                    12                  KUMAR KAURAV
    

    20. Learned counsel for the petitioner submits that the petitioner stood
    exonerated across the prosecutrix’s MLC, Section 164 CrPC statement, and
    two Section 161 CrPC statements, and that the allegation against the
    petitioner surfaces for the first time only in a solitary statement recorded
    over a year later.

    21. It is submitted that the petitioner had no knowledge of the
    prosecutrix’s minority and was expressly told, at both BMC and TMC, that
    she was twenty years old. Reliance is placed on Dr. Sr. Tessy Jose v. State
    of Kerala1
    , where the Supreme Court held that the “knowledge” required to
    trigger the reporting obligation under Section 19 POCSO Act “cannot be
    that they ought to have deduced from circumstances that an offence has
    been committed”and that there is “no obligation on this person to investigate
    and gather knowledge” by placing reliance on Dr. Jenbagalakshmi v. State
    of Tamil Nadu2.

    22. On Section 313 IPC, the petitioner submits that she had no occasion
    to seek a guardian’s consent when the prosecutrix was represented and
    recorded as an adult, and that the prosecutrix herself was present, ambulant,
    and cooperative throughout. It is submitted that the provisions of the IPC
    relating to miscarriage stand subservient to the MTP Act by virtue of the
    non-obstante clause in Section 3, and that the petitioner, having acted in
    good faith throughout, is entitled to the protection available under Section 8
    of the MTP Act to a practitioner so acting.

    1

    (2018) 8 SCC 292.

    2

    2024 SCC OnLine Mad 8254.

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    Signed By:NEHA CHOPRA                                                      Signed
    Signing Date:05.08.2026                                                    By:PURUSHAINDRA
    18:13:24                                               13                  KUMAR KAURAV
    

    23. It is further submitted that Section 7 MTP Act creates no offence at
    all, being confined to the delegation of regulation-making power, and that
    the invocation of Rule 3 of the MTP Regulation, 2003 discloses further
    confusion, since no such age-verification requirement is to be found in that
    provision. It is urged that the petitioner’s meticulous contemporaneous
    documentation is inconsistent with any consciousness of guilt and that she
    alone among the three doctors involved has been sent up for trial despite an
    identical finding of “no collusion” against all three, and that continuation of
    proceedings against her is accordingly an abuse of the process of the Court.

    (ii) On behalf of Respondent

    24. Learned Counsel for the respondent submits that the consent
    contemplated by the MTP Act, for a minor, is that of the guardian alone, and
    that the prosecutrix’s physical presence and cooperation cannot substitute
    for that statutory consent. A minor’s apparent willingness is precisely the
    vulnerability the guardian-consent requirement is designed to guard against,
    and cannot be treated as curing its absence. It is further submitted that Form
    I was admittedly never completed, that this omission is not a mere labelling
    error but the absence of a document the law requires the treating practitioner
    personally to prepare, and that its absence, taken with the untraced
    admission slip and the misrecorded age, discloses a pattern that can be
    evaluated during the trial.

    25. It is submitted, further, that Section 482 CrPC does not permit this
    Court to conduct a preliminary trial on competing versions and documents,
    and that the material gathered pursuant to an order grounded in the power

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    Signing Date:05.08.2026 By:PURUSHAINDRA
    18:13:24 14 KUMAR KAURAV
    upheld in VinubhaiHaribhai Malaviya& Ors. v. The State of Gujarat &
    Anr.3 discloses, prima facie, triable allegations that ought not to be short-
    circuited at the threshold.

    (III) ANALYSIS

    26. The question that comes up for consideration is whether a direction
    for further investigation can be extended by a Magistrate or a Special Judge
    after taking cognizance of the offences at the stage of the framing of charge.
    This issue has been dealt with by the Supreme Court in Ram Lal Narang v.
    State (Delhi Administration
    )4 while referring to the ratio laid down by the
    Supreme Court in its previous judgment H.N. Rishbud v. State of Delhi5, it
    was held as under:-

    17. In H. N. Rishbud v. The State of Delhi, this Court contemplated the
    possibility of further investigation even after a Court had taken cognizance
    of the case. While noticing that a police report resulting from an
    investigation was provided in Section 190 Criminal Procedure Code as the
    material on which cognizance was taken, it was pointed out that it could
    not be maintained that a valid and legal police report was the foundation
    of the jurisdiction of the Court to take cognizance. It was held that where
    cognizance of the case had, in fact, been taken and the case had proceeded
    to termination, the invalidity of the precedent investigation did not vitiate
    the result unless miscarriage of justice had been caused thereby. It was
    said that a defect or illegality in investigation, however serious, had no
    direct bearing on the competence of the procedure relating to cognizance
    or trial. However, it was observed:

    “It does not follow that the invalidity of the investigation is to be
    completely ignored by a Court during trial. When the breach of
    such a mandatory provision is brought to the knowledge of the
    Court at a sufficiently early stage, the Court, while not declining
    cognizance, will have to take the necessary steps to get the
    illegality cured and the defect rectified, by ordering such re-
    investigation as the circumstances of an individual case may call

    3
    2019 SCC OnLine SC 1346.

    4

    (1979) 2 SCC 322.

    5

    AIR 1955 (SC) 196.

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    Signed By:NEHA CHOPRA                                                                 Signed
    Signing Date:05.08.2026                                                               By:PURUSHAINDRA
    18:13:24                                                      15                      KUMAR KAURAV
    

    for”. This decision is a clear authority for the view that further
    investigation is not altogether ruled out merely because cognizance
    of the case has been taken by the Court; defective investigation
    coming to light during the course of a trial may be cured by a
    further investigation, if circumstances permit it.”

    27. The power of a Magistrate to direct further investigation under
    Section 156(3), read with Section 173(8), of the CrPC does not extinguish
    itself the moment cognizance is taken, or process is issued. The Supreme
    Court, in paragraph no. 38 ofVinubhaiHaribhai Malaviya(supra) held that:-

    “38.There is no good reason given by the Court in these decisions as to
    why a Magistrate’s powers to order further investigation would suddenly
    cease upon process being issued, and an accused appearing before the
    Magistrate, while concomitantly, the power of the police to further
    investigate the offence continues right till the stage the trial commences…
    What is not given any importance at all in the recent judgments of this
    Court is Article 21 of the Constitution and the fact that the Article
    demands no less than a fair and just investigation. To say that a fair and
    just investigation would lead to the conclusion that the police retain the
    power… to further investigate an offence till charges are framed, but that
    the supervisory jurisdiction of the Magistrate suddenly ceases midway
    through the pre-trial proceedings, would amount to a travesty of justice,
    as certain cases may cry out for further investigation so that an innocent
    person is not wrongly arraigned as an accused or that a prima facie
    guilty person is not so left out… Whether further investigation should or
    should not be ordered is within the discretion of the learned Magistrate
    who will exercise such discretion on the facts of each case and in
    accordance with law. If, for example, fresh facts come to light which
    would lead to inculpating or exculpating certain persons, arriving at the
    truth and doing substantial justice in a criminal case are more important
    than avoiding further delay being caused in concluding the criminal
    proceeding…”

    [Emphasis Supplied]

    28. The Supreme Court in Vinubhai Haribhai Malaviya (supra) held that,
    even textually, the term “investigation” referred to in Section 156(1) of
    CrPC would, as per the definition of “investigation” under Section 2(h),
    include all proceedings for collection of evidence conducted by police.

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    Signed By:NEHA CHOPRA                                                                 Signed
    Signing Date:05.08.2026                                                               By:PURUSHAINDRA
    18:13:24                                                      16                      KUMAR KAURAV
    

    Accordingly, this would undoubtedly include proceedings by way of further
    investigation under Section 173(8) of the CrPC. Therefore, the Magistrate
    empowered under Section 156 of CrPC to order investigation, shall also be
    empowered to order further investigation under Section 173(8) of CrPC.

    29. It is, therefore, well settled that the power to direct further
    investigation is not a licence for a Court to dictate the outcome or
    micromanage the manner of that investigation. The police retains the
    freedom, expressly protected in law, to reach whatever conclusion the
    material supports, including a conclusion adverse to the very hypothesis that
    prompted the direction.

    30. The petitioner’s grievance is that the order dated 29.09.2020 crossed
    this line by framing the further investigation in terms that presupposed the
    doctor’s guilt. This submission does not survive scrutiny of the order as a
    whole. Immediately after framing the scope of further investigation, the
    Additional Sessions Judge, ASJ recorded, in terms that directly answer the
    petitioner’s grievance:-

    “…the IO shall not be influenced by any observations made in this order
    and shall conduct independent investigation in this regard, although the
    points raised by the victim (by way of her protest petition and otherwise)
    shall be taken into account by the IO and all those issues shall be
    investigated independently.”

    31. The Supreme Court in Nirmal Singh Kahlon v. State of Punjab &
    Ors.6held as under:-

    6

    2009 (1) SCC 441.

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    Signed By:NEHA CHOPRA                                                               Signed
    Signing Date:05.08.2026                                                             By:PURUSHAINDRA
    18:13:24                                                     17                     KUMAR KAURAV
    

    “An order of further investigation in terms of Section 173(8) of the Code
    by the State in exercise of its jurisdiction Under Section 36 thereof stands
    on a different footing. The power of the investigating officer to make
    further investigation in exercise of its statutory jurisdiction Under Section
    173(8) of the Code and at the instance of the State having regard to
    Section 36 thereof read with Section 3 of the Police Act, 1861 should be
    considered in different contexts. Section 173(8) of the Code is an enabling
    provision. Only when cognizance of an offence is taken, the learned
    Magistrate may have some say. But, the restriction imposed by judicial
    legislation is merely for the purpose of upholding the independence and
    impartiality of the judiciary. It is one thing to say that the court will have
    supervisory jurisdiction to ensure a fair investigation, as has been
    observed by a Bench of this Court in Sakiri Vasu v. State of U.P. [
    MANU/SC/8179/2007
    : (2008) 2 SCC 409: (2008) 1 SCC (Cri) 440],
    correctness whereof is open to question, but it is another thing to say that
    the investigating officer will have no jurisdiction whatsoever to make any
    further investigation without the express permission of the Magistrate.”

    [Emphasis Supplied]

    32. It is imperative to mention that an order that identifies a line of
    inquiry which the prior investigation had not pursued, while expressly
    disclaiming any binding effect on the investigating officer’s ultimate
    findings, is not a direction usurping the investigative function. It is the
    ordinary and correct exercise of the supervisory jurisdiction.

    33. Caution presented vide impugned order dated 29.09.2020 was not
    merely formal as demonstrated by the outcome of the further investigation
    itself. Had the 29.09.2020 order truly operated as a predetermined verdict
    awaiting only its formal recording, the further investigation would have
    returned precisely the collusion finding the order appeared to anticipate.

    34. The status report expressly records that no material was found
    connecting the petitioner, Dr. Talwar, or Dr. Chhabra to the main accused,
    and that “no collusion” was found. This outcome, is itselfan evidence that

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    the investigation proceeded independently and was not merely dictated to a
    foregone conclusion. What the further investigation did establish, on
    independent examination of documents and witnesses, was a separate and
    distinct set of facts such as:the absence of age verification, the statutorily
    mandated Form-I, and the specific allegation of contemporaneous
    knowledge reflected in the victim’s supplementary statement.

    35. It is also necessary to record that the further investigation was not
    sought by the State suo motu to reopen a settled matter, but was directed on
    a protest petition moved by the prosecutrix herself, drawing attention to
    specific documentary anomalies, the mismatched relationship entries, the
    absence of any age document, the missing date-of-birth slip, that were
    plainly discoverable only once she was in possession of the chargesheet and
    its annexures, a possession she did not have during the four statements
    recorded in 2019. The delay in raising these specific documentary objections
    is thus explained by the sequence of disclosure of documents to her, and
    does not taint the further investigation with the vice of afterthought that the
    petitioner attributes to it.

    36. For these reasons, this Court finds no illegality in the order dated
    29.09.2020. It was passed within jurisdiction, on a correct application of the
    principle in VinubhaiHaribhai Malaviya (supra), expressly safeguarded the
    independence of the ensuing investigation, and has, on the material this
    Court has examined, produced results that confirm rather than undermine
    that independence.

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    Signed By:NEHA CHOPRA                                                      Signed
    Signing Date:05.08.2026                                                    By:PURUSHAINDRA
    18:13:24                                                19                 KUMAR KAURAV
    

    37. The issue here is not whether doctors, as a class, must be treated with
    suspicion whenever a patient’s age later turns out to have been misstated. It
    is a narrower and more exacting question, i.e., at what point does a doctor’s
    silence about a patient’s age stop being an innocent consequence of having
    been misled, and become a punishable failure to report an offence she knew,
    or had been told, had occurred.

    38. Section 19(1) of the POCSO Act supplies the statutory language, it
    obliges “any person who has apprehension that an offence under this Act is
    likely to be committed or has knowledge that such an offence has been
    committed” to report it to the police, and Section 21penalises the failure to
    do so with imprisonment extending to six months, or a fine, or both. But the
    statutory language alone does not tell a Court where, on the facts of a given
    case, apprehension ends and knowledge begins, or where a doctor’s
    professional role ends, and a citizen’s civic duty begins.

    39. The statutory text of Section 19(1) of the POCSO Act requires close
    attention, because both the petitioner’s defence and the prosecution’s case
    turn on its precise formulation. It provides that “notwithstanding anything
    contained in the CrPC, 1973… any person who has apprehension that an
    offence under this Act is likely to be committed or has knowledge that such
    an offence has been committed, he shall provide such information to the
    Special Juvenile Police Unit or the local police”. Failure to comply attracts
    prosecution under Section 21, which prescribes imprisonment extending to
    six months, or fine, or both.

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    Signed By:NEHA CHOPRA                                                         Signed
    Signing Date:05.08.2026                                                       By:PURUSHAINDRA
    18:13:24                                                 20                   KUMAR KAURAV
    

    40. The Supreme Court in State of Maharashtra v. Dr. Maroti,7a case in
    which, as in the present matter, a doctor to whom minor victims of sexual
    assault had disclosed the assault directly, failed to report the matter either to
    the Special Juvenile Police Unit or the local police. The Supreme Court,
    restoring the prosecution the High Court had quashed, held that:-

    “15. Prompt and proper reporting of the commission of offence under the
    POCSO Act is of utmost importance and we have no hesitation to state
    that its failure on coming to know about the commission of any offence
    thereunder would defeat the very purpose and object of the Act. We say so
    taking into account the various provisions thereunder. Medical
    examination of the victim as also the accused would give many important
    clues in a case that falls under the POCSO Act. Section 27(1) of the
    POCSO Act provides that medical examination of a child in respect of
    whom any offence has been committed under the said Act, shall,
    notwithstanding that a First Information Report or complaint has not been
    registered for the offence under the Act, be conducted in accordance with
    Section 164A of the Cr.P.C, which provides the procedures for medical
    examination of the victim of rape. In this contextual situation, it is also
    relevant to refer to Section 53A of Cr.P.C that mandates for examination
    of a person accused of rape by a medical practitioner. It is also a fact that
    clothes of the parties would also offer very reliable evidence in cases of
    rape. We refer to the aforesaid provisions only to stress upon the fact that
    a prompt reporting of the commission of an offence under POCSO Act
    would enable immediate examination of the victim concerned and at the
    same time, if it was committed by an unknown person, it would also enable
    the investigating agency to commence investigation without wasting time
    and ultimately to secure the arrest and medical examination of the culprit.
    There can be no two views that in relation to sexual offences medical
    evidence has much corroborative value.”

    41. In Dr. Ditto TomP. v. State of Kerala8 the accused doctor had on the
    prosecution’s version, been informed by the victim’s mother, that the minor
    had become pregnant through sexual assault and had already undergone an
    attempted termination through unqualified means. The doctor, despite this

    7
    2022 INSC 1152.

    8

    2025:KER:15952.

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    Signed By:NEHA CHOPRA                                                                 Signed
    Signing Date:05.08.2026                                                               By:PURUSHAINDRA
    18:13:24                                                      21                      KUMAR KAURAV
    

    disclosure, did not report the matter to the police, and the registration of the
    FIR was consequently delayed. Rejecting the plea for discharge, the Court
    held that:-

    “Even though the facts were suppressed initially before the revision
    petitioner, the mother informed the Doctor that there was pregnancy to the
    victim and the victim had been taking medicine from a Homoeo doctor.
    Thus as on 25.11.2020, the revision petitioner got knowledge regarding
    the offence under the POCSO Act. Be it so, he is duty bound to report the
    same to the police in view of mandate under Section 19(1) of the POCSO
    Act. Otherwise, the same is an offence punishable under Section 21 of the
    POCSO Act. Even though it is argued by the learned counsel for the
    revision petitioner that no deliberate omission could be noticed in this
    matter and the doctor was not inclined to report the same acceding to the
    humble request of the victim and her mother, the same is not sufficient to
    avoid prosecution of the revision petitioner. It is discernible that, in this
    matter crime was registered only on 12.12.2020 because of the failure of
    the revision petitioner in informing the matter to the police on 25.11.2020.
    As held by the Apex Court in State of Maharashtra v. Dr. Maroti‘s case
    (supra), prompt and proper reporting of commission of the offence under
    the POCSO Act is of utmost importance and the same would enable
    immediate registration of case and examination of the victim concerned so
    as to trace even an unknown accused when on bail.
    Therefore, even
    though in cases where deliberate omission is not noticeable, quashment
    is liable to be allowed as held in Radhakrishna S. Naik (Dr.) v. State of
    Kerala
    ‘s case (supra), when deliberate omission was perceivable, the
    prayer for quashment or discharge must fail. In the instant case, the
    revision petitioner, who got knowledge regarding the crime on
    25.11.2020, failed to inform the same and accordingly registration of
    crime was delayed for a period of three weeks. That must have
    attenuated timely investigation of the case without elements of lacuna. In
    the instant case, the prosecution materials would show that the offence
    alleged against the revision petitioner is made out, prima facie, from
    prosecution records, warranting trial.”

    42. In Dr. Ditto Tom (supra), the interval of non-reporting attributable to
    the doctor was some three weeks, and the Court held this sufficient to
    warrant trial rather than discharge. Here, on the prosecution’s specific case,
    the interval during which the petitioner is alleged to have possessed

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    knowledge without reporting runs from the date of the termination itself, i.e.,
    26.07.2019, to the date the FIR eventually came to be registered on
    04.10.2019, a period more than four times as long.

    43. The Kerala High Court made this explicit in George P.O. v. State of
    Kerala9
    , holding that “the mandate to report does not relate to his official
    character… it is to be performed in his private capacity”, a mandate, that
    attaches the moment knowledge is acquired, by whatever means, and does
    not wait upon the doctor’s professional role or her diligence in seeking that
    knowledge out. The scheme that emerges thus is that Section 21 liability
    does not attach to a doctor who was deceived and had no occasion to know
    better. It does attach to a doctor who was told, and did not act on what she
    was told.
    The dividing line is not diligence, but disclosure, i.e., whether the
    truth was placed before her and she turned away from it. Paragraph no. 18 of
    George P.O. (supra) envisaged the intention behind Section 19 POCSO and
    held that:-

    (a) The mandate to report the apprehension that an offence is likely to be
    committed is a preventive measure intended to stall the possibility of
    commission of the offence.

    (b) The mandate to report is a legislative tool to overcome the tendency of
    witnesses of child abuse to be silent, giving undue weightage to factors like
    social stigma, community pressure, difficulties of navigating the criminal
    justice system, dependency on the perpetrator emotionally and
    economically and so on.

    (c) The legislative mandate is intended to overcome the tendency of even
    the parents and other members of the family not to report such crimes
    believing that non reporting of the same would protect the child from
    social stigma which they believe would do more harm to the victim.

    (d) The legislative mandate subserves the purpose of curbing the growing
    tendency not to report the offences, which in turn encourages the
    perpetrator to remain silent and prowl for the next victim.

    9

    2025 (1) KHC 32.

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    Signed By:NEHA CHOPRA                                                                 Signed
    Signing Date:05.08.2026                                                               By:PURUSHAINDRA
    18:13:24                                                      23                      KUMAR KAURAV
    

    (e) The mandate to report the offence is intended to obviate such tendency
    and to weed away any such loophole that would facilitate the perpetrator
    committing/repeating an offence, encouraged by the remote possibility of
    reporting the commission of offence.

    (f) Being a child-centric legislation, prompt reporting facilitates both
    prevention or commission of the offence and ensuring that in such cases
    the tormentor, shall not go scot- free.

    (g) To make the reporting effective and not dependent on the nature of the
    office on whom the statutory mandate to report is cast.

    (h) Section 19 casts such mandate on any person, including a child, who
    has knowledge about the commission of an offence/apprehension that an
    offence is likely to be committed, irrespective of the nature of the office
    held by such person. Hence the Act casts a mandate on every person who
    has knowledge of the commission of offence/apprehension that the
    offence is likely to be committed to report such offence, unlike Section
    21(2)
    of the POCSO Act, which casts a mandate on any person being in
    charge of a company or institution to report the commission of an
    offence, under Section 19 (1) of the POCSO Act by his/her subordinates.

    44. This Court is conscious that the material grounding the “Marwaoge
    kya ise 20 saal karo” allegation is a solitary statement, recorded during
    further investigation, and that its evidentiary strength is a matter that goes to
    the ultimate finding of guilt or innocence at trial. This Court expresses no
    opinion on whether the allegation will be proved. What this Court is required
    to determine, at the Section 482 CrPC stage, is narrower: whether the
    material, taken at face value, discloses a prima facie case.

    45. The supplementary chargesheet does not allege that the petitioner
    failed to ask; it alleges that she was shown the answer, in the victim’s own
    handwriting on the admission slip, and is recorded as having responded,
    “Marwaoge kya ise 20 saal karo.” If that allegation is accepted, it is not a
    case of inferred or constructive knowledge eat all rather it is a case of
    disclosure, of exactly the kind that placed the doctor in Dr. Maroti (supra)
    and the doctor in Dr. Ditto Tom P. (supra) outside the protection the law

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    extends to the deceived and within the liability the law imposes on the
    informed. Additionally, specific, first-hand attribution of a verbal instruction
    to falsify prosecutrix’s recorded age is qualitatively different from the
    generalised suspicion, retrospective inference, or bare failure-to-investigate.
    Relevant part of the supplementary chargesheet dated 19.02.2021 is
    reproduced as under:-

    I also did not say anything to Doctor Poonam because I was very scared.
    After normal check up she referred me to Talwar Medical Center GK-II.
    Rishipal left me and Anita at Pushp Bhawan using his own vehicle, from
    where Anita took me in Auto to Talwar Medical Centre GK-II. Thereafter
    at reception I was made to fill a small form where I myself filled the form
    and wrote my DOB as 3-9-2003& returned the form to Receptionist.
    Thereafter Nurse given me injection and medicine. At that time I called my
    elder brother Nitin there and he remained present during the operation.
    After some time Dr. Poonam Mishra came there and a hospital staff also
    came there who told Dr. Poonam that DOB is written 3-9-2003 in the
    Form. On this, Dr. Poonam said “Marwaogekyaise 20 yrs karo”. And
    thereafter I was taken to OT. My ultrasound was done and some medicine
    was given because of which I became unconscious.

    [Emphasis Supplied]

    46. The object of Section 19 of the POCSO Act, read alongside the MTP
    framework, is not merely punitive. It exists because prompt reporting is the
    trigger for an entire protective apparatus around a child victim: medical
    examination, forensic evidence collection, referral to the Child Welfare
    Committee, and the commencement of an investigation that can identify and
    apprehend a perpetrator before evidence degrades or the perpetrator
    absconds. Non-reporting by one professional in a position to have set this
    apparatus in motion does not merely constitute a technical default; it
    withholds from a child victim of rape the protection, the law specifically
    intended for her.

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    Signed By:NEHA CHOPRA                                                                Signed
    Signing Date:05.08.2026                                                              By:PURUSHAINDRA
    18:13:24                                                     25                      KUMAR KAURAV
    

    47. The termination was performed on 26.07.2019 and the FIR was
    registered on 04.10.2019. Seventy days lie between these two dates. On the
    case set up by the prosecution, this was not merely the ordinary time a
    criminal justice system takes to set itself in motion; it was an interval during
    which the one person outside the circle of the offence who is alleged to have
    known the prosecutrix’s true age said nothing, while the machinery that a
    timely report would have triggered remained unset in motion. This Court
    notes that, if the prosecution’s version is accepted, the seventy day interval
    is not a peripheral detail, but the very consequence Section 19 of the POCSO
    Act exists to prevent.

    48. The petitioner’s answer to this seventy day interval is that she came to
    know of the prosecutrix’s minority status only in October2019, through
    concerned officials of the Investigating Agency, i.e., after the FIR already
    existed, advancing the submission that no opportunity to report ever arose
    before the police had already taken the matter in hand. The supplementary
    chargsheet discloses that the specific case is not qua the petitioner getting
    aware of the minority status in October, from the police. Conversely, that the
    petitioner learned of it on 26.07.2019, from the victim’s own admission slip,
    at the very moment of initiating termination procedure.

    49. The prosecution’s version places knowledge in the petitioner’s hands
    more than nine weeks before the FIR came to exist at all, which means the
    premise of her defence, that no opportunity to report ever arose, is not
    merely disputed but is chronologically impossible.

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    Signed By:NEHA CHOPRA                                                        Signed
    Signing Date:05.08.2026                                                      By:PURUSHAINDRA
    18:13:24                                                 26                  KUMAR KAURAV
    

    50. It follows from this that the consequence of the petitioner’s alleged
    silence was not a mere technical lapse in paperwork. It was, in its operative
    effect, a period during which the ordinary consequences of committing an
    offence against a child were held in abeyance. Whether that effect was the
    product of a deliberate choice to protect herself, or of something more
    innocent that a trial may yet reveal, is not for this Court to decide today.
    What this Court can and does decide is that the seventy day gap between the
    procedure and the FIR is not a coincidence to be waved off. It is the very
    harm Section 19 of the POCSO Act was written to prevent, and the material
    on record is sufficient to put the petitioner on trial.

    51. Section 3(4)(a) of the MTP Act provides that no pregnancy of a minor
    shall be terminated except with the guardian’s consent in writing. Section 7
    of the Act, and the Regulations framed under it, prescribe Form-I under Rule
    3 as the document through which the practitioner’s statutory opinion, is to be
    certified, and Form C as the document through which a guardian’s consent is
    to be recorded.

    52. It bears emphasis that the default here is not confined to the omission
    of Form-I and Form C of the MTP Rules, 2003. The status report
    additionally records that no identity proof and no residential proof of any
    kind were obtained. A registered medical practitioner performing an
    invasive procedure that the MTP Act itself conditions on the patient’s age is
    not absolved of the obligation to seek some documentary anchor for that age
    merely because an escort volunteers a figure. The entire statutory
    architecture examined presupposes that age is a fact to be ascertained and
    recorded, not merely accepted on an unverified oral representation from an
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    adult accompanying the patient, particularly where that adult, as later
    investigation revealed, was not in fact in any relation with the prosecutrix at
    all.

    53. This Court is not, at this stage, called upon to determine finally
    whether the petitioner’s failure to obtain Form-I, Form C, or any identity
    document was the product of an honest and reasonable belief in the victim’s
    adulthood, or the product of the deliberate concealment, the prosecution
    alleges.

    54. It is also necessary to record that this default cannot be excused
    merely on the ground that TMC’s general clinic practices were informal
    across the board. The informality of a clinic’s record-keeping culture may
    explain why a particular slip could not later be traced. It does not excuse the
    practitioner’s personal, statutorily mandated obligation to complete Form-I
    and Form C. Obligations that rest on the registered medical practitioner
    individually cannot be discharged by, or excused by reference to, the
    surrounding administrative laxity of the institution in which she practices.

    56. Section 313 IPC punishes the causing of a miscarriage without the
    woman’s consent. The petitioner’s defence is that a consent form bearing the
    victim’s signature exists on the TMC record, and that whatever else may be
    said of her conduct, an offence defined by the absence of consent cannot be
    sustained where a signed consent form is produced. The question this Court
    must answer is whether that signature, even assumed genuine, is capable in
    law of constituting the consent Section 313 of IPC speaks of, where the
    signatory was, in fact, a minor.

    Signature Not Verified Signature Not Verified

    Signed By:NEHA CHOPRA                                                       Signed
    Signing Date:05.08.2026                                                     By:PURUSHAINDRA
    18:13:24                                               28                   KUMAR KAURAV
    

    57. Section 3(4) of the MTP Act does not treat a pregnant woman’s own
    signature as sufficient consent in every case. It draws a specific distinction,
    requiring the woman’s own consent under Section 3(4)(b) in all cases, and
    requiring, additionally and separately, the guardian’s written consent under
    Section 3(4)(a) wherever the woman is a minor.

    58. The MTP Act does not regard a minor as capable of independently
    consenting to termination, but the statute itself declares it insufficient. In the
    present case, no guardian consent was ever sought because no one at TMC
    turned their mind to whether one was required. The signature of a minor
    does not supply the consent the MTP Act mandates.

    59. It follows that the Forensic Science Laboratory Report’s
    (“FSL”)finding on the disputed signature does not resolve this question even
    if read most favourably to the petitioner. Authenticity of the signature and
    validity of the consent are two different questions. A genuine signature by a
    person legally incapable of giving valid consent on her own does not
    become valid consent merely because it is genuine. On the footing that the
    victim was, in fact, a minor, her signature on the TMC’s form, however
    authentic, did not constitute the consent the law required, in the absence of
    any guardian consent that was never sought.

    60. It is discernible that, in this matter, the FIR was registered only on
    04.10.2019 because of the failure of the petitioner in informing the matter to
    the appropriate authorities on 26.07.2019. What is relevant, for the purposes
    of the present petition, is the legal significance such a delay would carry if
    established. As held in Dr. Maroti (supra), “prompt and proper reporting of

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    an offence under the POCSO Act is of utmost importance precisely because
    it enables the immediate registration of the case and the timely medical
    examination of the victim, and may, in a given case, assist in tracing an
    accused who might otherwise remain unknown or absconding”.

    61. The line drawn is between omissions that appear inadvertent and
    omissions that appear deliberate. Where the record discloses no more than
    an inadvertent lapse, quashment may be warranted. Whereas, as was held in
    Dr. Ditto Tom P (supra), a situation where the record discloses a deliberate
    omission to report, the prayer for quashment or discharge cannot succeed.
    Whether the omission alleged against the petitioner in the present case falls
    on one side of that line or the other is a question this Court is not called upon
    to answer at this stage. It suffices, for present purposes, to hold that the
    allegation cannot be excluded from consideration as inherently improbable.

    62. In the instant case, the petitioner, who got knowledge regarding the
    crime on 26.07.2017, failed to inform the same and accordingly registration
    of the crime was delayed for a period of almost 70 days. That must have
    attenuated timely investigation of the case without elements of lacuna. The
    prosecution materials would show that the alleged offence against the
    petitioner is made out from the prosecution records, warranting trial.
    Therefore, the quashment plea would necessarily fail.

    63. For the reasons set out above, this Court holds that the order
    dated29.09.2020 directing further investigation does not warrant interference
    and that the order dated 31.07.2021 taking cognizance and issuing summons

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    accordingly does not suffer from any illegality warranting interference under
    Section 482 CrPC.

    64. In view of the above, this Court finds no merit in the present petition
    and CRL.M.C.2900/2021 is accordingly dismissed. The pending application,
    if any, stands disposed of.

    65. It is clarified that the observations made in this judgment are confined
    to the limited purpose of examining whether a prima facie case exists to
    sustain the impugned orders and proceedings, and shall not be construed as
    an expression of opinion on the ultimate merits of the case. The Trial Court
    shall proceed with the trial uninfluenced by any observation made herein,
    and shall decide the matter strictly in accordance with law, on the basis of
    the evidence led before it.

    
    
                                                         (PURUSHAINDRA KUMAR KAURAV)
                                                                 JUDGE
                     AUGUST 05, 2026
                     NK
    
    
    
    
    Signature Not Verified                                                       Signature Not Verified
    Signed By:NEHA CHOPRA                                                        Signed
    Signing Date:05.08.2026                                                      By:PURUSHAINDRA
    18:13:24                                                 31                  KUMAR KAURAV
     



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