RAMRAJ PATEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Virendra Singh, learned counsel for the revisionist, learned A.G.A. for the State and Sri Shailesh Kumar Tripathi, learned counsel for the opposite party no. 2 and perused the record.

(2.) The present revision has been filed against the order dtd. 7/10/2021 passed by the Additional Sessions Judge, Court No. 1, Varanasi in Criminal Appeal No. 19 of 2021 (Ramraj Patel Vs. State of U.P. and another), under Sec. 29 of Protection of Women from Domestic Violence Act filed against the order dtd. 18/1/2021 passed by the Special Chief Judicial Magistrate, Varanasi in Criminal Case No. 120 of 2015 (Savita Patel Vs. Ramraj Patel), under Sec. 23 of Protection of Women from Domestic Violence Act, rejecting the application filed by the revisionist for D.N.A. Test of Priyambada, daughter of opposite party no. 2.

(3.) The facts of the case are that the opposite party no. 2 filed an application under Sec. 12 of Protection of Women from Domestic Violence Act in the court of Special Chief Judicial Magistrate, Varanasi, which was registered as Criminal Case No. 120 of 2015 (Savita Patel Vs. Ramraj Patel). Notices were sent to opposite parties to appear before the concerned trial court and file reply to the application seeking D.N.A. test about paternity. The said application was dismissed by the Special Chief Judicial Magistrate, Varanasi vide order dtd. 18/1/2021. Against the said order, the revisionist filed an appeal before the learned Additional Sessions Judge, Court No. 1, Varanasi, which was also dismissed vide order dtd. 7/10/2021. Hence this revision.