SOLAIMUTHU Vs. STATE

JUDGEMENT

(1.) THIS revision has been filed against the order passed by the Judicial magistrate, Perambalur in Cri. M. P. No. 1990 of 2002 in Crime No. 30 of 2001, allowing the petition filed under Section 53, Cr. P. C. by the respondent herein and directing the petitioner herein to appear for the appropriate Medical Officer for Test according to the convenience.

(2.) THE circumstances under which the said order came to be passed is as follows : a complaint was given by the second respondent herein against the petitioner on 14-3-2001 stating that she was the resident of Badangi South Street. That about 10 years prior to the filing of the case, she was married to one Devaraj and they were residing at Badangi. It is further stated that at the time of their existence of material bond, her brother by name Dharmadurai was also staying along with them. While that being so, there appears to have been quarrels between her and the said Devaraj, in view of the fact that she was impotent to conceive a child. Further, it is averred in the complaint that she was sent out of the matrimonial abode many times and was taken back. On one such occasion, when she along with her brother had been to the house of her husband, namely Devraj, she found him to be with the company of another girl. On being questioned, they were beaten and chased out. After the said incident, the respondent appears to have been living with his brother at Badangi and was doing work as a cooly. It is at that juncture, the petitioner herein, namely Solaimuthu got acquainted with the respondent and by assuring her that he would marry, had sexual intercourse with her, whereby she became pregnant. When the said matter was reported to the petitioner, he had asked her to abort the same. However, she refused. Thereafter, the petitioner has not cared to marry her and even on repeated persistence there was no signs of acceptance from the petitioner to marry the respondent. A child was born to the second respondent. Hence, she Had resorted to the filing of the present complaint.

(3.) IT may not be necessary to go much into the facts of the case, suffice it to state that the Inspector of Police, namely the first respondent had filed an application before the learned Magistrate to send the petitioner herein for DNA Test in order to find out whether the child born to Selvamani, was fathered by Solaimauthu. On consideration of the submissions advanced, the learned magistrate had allowed the said petition. against which the present revision has been filed.