VISHAL MOTISING VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of learned advocate for the petitioner Mr.Kalathil and the Ld.APP Mr.Kogje, main matter for quashing is taken up for final hearing today.

(2.) The short facts of the case appear to be that earlier DNA test of the petitioner was undertaken and it has been stated that the DNA test was found to be in negative. When the evidence is recorded, it is the case of the original complainant that she came to know at a later point of time that the DNA test is already undertaken of the petitioner accused and therefore she moved an application-Exh.94 before the learned trial judge for conducting second DNA test of the petitioner and the child, namely, Piyush, who is aged two years old at the time of application. The original complainant in the said application also insisted that she wants to have DNA test at the laboratory situated at Hyderabad only and the learned Sessions Judge ultimately after hearing both the sides allowed the application of the original complainant being Exh.94 and directed for the second DNA test to be conducted. The learned counsel for the petitioner apprehends that based on the aforesaid order passed below application-Exh.94 dated 24.11.2003 the petitioner will be compelled to travel to Hyderabad with the original complainant and the parents of the complainant and the petitioner further apprehends that the safety of the petitioner will be in jeopardy if the petitioner is compelled to go to Hyderabad for conducting of DNA test which is at Hyderabad. It is under these circumstances, the petitioner has approached this court by the present petition.

(3.) Initially, the petitioner has preferred Misc.Cr.A No.10147/03 for quashing of the said order and since it has been apprehended by the petitioner that the petitioner who is otherwise in judicial custody will be handed over to the complainant and the parents of the complainant for conducting the said DNA test at Hyderabad has preferred Cr.M.A.No.76/04 for interim stay against the said order, dated 25.11.2003 passed by the learned Sessions Judge.