DANESHWAR PATEL Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Petition has been filed under Sec. 482 Cr.P.C against the order dtd. 11/10/2022 passed by the Additional Sessions Judge (FTC) Special Judge, POCSO Act, whereby the Superintendent of Jail, Durg, Chief Medical Officer, Durg and Deputy Superintendent of Police (Ajak) were directed to take blood sample of the Petitioner for conducting DNA test.

(2.) Brief facts of the case are that charge sheet has been filed against the Petitioner for the offence under Ss. 376(2)(n) and 506 IPC, under Ss. 5(i) and 6 of the POCSO Act as also under Sec. 3(2)(v) of the SC/ST (Prevention of Atrocities) Act on 7/10/2022 before the trial Court for conducting DNA test and by the order impugned, a direction was given to take the blood sample of the Petitioner.

(3.) Shri Agrawal, learned Counsel for the Petitioner submits that taking the blood sample of the Petitioner without his consent is violation of privacy of human life and taking the blood sample forcibly in order to comply with the order amounts to abuse of process of law. He placed reliance on the judgment rendered in the matters of Selvi and Others vs. State of Karnataka reported in (2010) 7 SCC 263 and Ritesh Sinha vs State of Uttar Pradesh an Another reported in (2013) 2 SCC 357.