K.PERUMAL Vs. S.SHAKILADEVI

JUDGEMENT

(1.) The present criminal revision case has been filed against the order dated 27.06.2018 passed in Cr.M.P.No.199 of 2017 in M.C.No.58 of 2014 on the file of the Chief Judicial Magistrate, Cuddalore, dismissing the application filed by the petitioner herein for second DNA test.

(2.) According to the petitioner that he was married to the first respondent and a child was born after the marriage, the second respondent herein. But, according to the petitioner, he was not a biological father. Since the paternity of the second respondent was being questioned, a criminal miscellaneous petition was filed i.e., Crl.M.P.No.1005 of 2015, seeking for DNA test. The said Criminal miscellaneous petition was allowed. Both the parties were directed to appear before the Government Headquarters Hospital, Cuddalore. After completion of the DNA Test as per the direction of the Trial Court, a report was submitted before the Trial Court. Thereafter, while maintenance case was being taken up for hearing, the second application was filed by the petitioner herein for the DNA test stating that there was some discrepancy in the first DNA report.

(3.) Before the learned Chief Judicial Magistrate, the learned counsel for the petitioner submitted that the second DNA test was necessary, since the paternity of the second respondent was being questioned. According to him, the blood samples collected were manipulated and therefore, only to prove the paternity of the second respondent, the second DNA test was imperative.