NANHEY Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned AGA for the State.

(2.) This application under Section 482 Cr.P.C. has been filed by the applicant who is an accused in case no. 1373 of 2009 pending before A.C.J.M., Chandausi arising out of case crime no. 397 of 2007, under Sections 420, 467, 468 and 471 IPC, State Vs. Nanhey and others, P.S. Chandausi, District Moradabad with a prayer to set aside the impugned judgment and order dated 24.03.2012 passed by learned Additional Sessions Judge, Court No.3, Moradabad in revision no. 365 of 2011 ( Bhagwati Prasad Vs. State of U.P. and others ).

(3.) Brief facts of the case are that the petitioner who is facing trial in the aforesaid case moved an application on 14.11.2011, which was the date fixed for final hearing in the aforesaid case with a prayer for comparing DNA profiles of the applicant and the opposite party no.2. The aforesaid application was allowed by learned A.C.J.M. by his order dated 25.11.2011. Aggrieved the respondent no.2 preferred a criminal revision before the Sessions Judge, Moradabad which was numbered as criminal revision no. 365 of 2011 and transferred for disposal to the Court of Additional Sessions Judge, Court No. 3, Moradabad and allowed by him by the impugned order.