FEROZ KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.

(2.) The present application under Sec. 482 Cr.P.C. has been filed for quashing the order dtd. 28/9/2021 and order dtd. 4/1/2019 whereby application of the applicant for conducting D.N.A. test of the applicant, opposite party no.2 and alleged son Muzaffar was rejected by the lower courts respectively.

(3.) It is admitted fact that during pendency of suit under Sec. 12 Domestic Violence Act, 2005 the applicant moved an application for D.N.A. test of the alleged son mentioning that alleged child is not born out of wedlock of the applicant and opposite party no.2 rather the child is the adopted child and that too without consent of the applicant so he has no liability for providing maintenance to the alleged child. Hence, to prove his contention that child is not born out of this wedlock, prayer for D.N.A. test was made by filing application and the application was rejected by Judicial Magistrate, Bisauli Badaun vide order dtd. 4/1/2019 on the ground that parties have not reached at the stage of evidence in the case and D.N.A. test could be taken as the last resort. Considering pre evidence stage to be the preliminary stage in the light of Sec. 112 of the Evidence Act application of the applicant was rejected and rejection order for conducting the D.N.A. test was confirmed by the appellate court vide order dtd. 28/9/2021 and by moving the present application under Sec. 482 Cr.P.C. both the orders are prayed to be set aside.