(1.) THIS is a Criminal Revision filed against the order made by the learned additional First Class Magistrate, Coimbatore in M. C. No. 5 of 1957.
(2.) MINOR Bhoopala Subramanian by his mother Mutharnmal filed a petition for maintenance under Section 488 Cr. P. C. The respondent Subbayya Gounder was containing that he is not the father of the petitioner. In these circumstances the mother of the petitioner prayed for an order that the respondent be directed to give his blood for being sent to the Chemical Examiner of Madras along with that of the petitioner for blood grouping test to decide the paternity of the petitioner. The learned Magistrate passed an order that no objection was advanced by the other side and that hence the petition was allowed.
(3.) THE contention of Subbayya Gounder is that on the date when this order was made his lawyer was unavoidably absent from Court and that therefore the order that there was no objection and hence the petition was allowed is incorrect. In addition it is contended that the learned Magistrate ought to have upheld the contentions of this Subbayya Gounder that there is no provision under the Code of criminal Procedure or under the Indian Evidence Act which would permit the court to direct that the blood of this Suhbayya Gounder be taken for blood grouping.
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