(1.) The present petition has been preferred by petitioner Ashok Singh Chauhan against Aditi Shukla challenging the order dated 21.9.2019 passed by learned Special Judge, P.C. Act, Court NO. 1/ Additional Sessions Judge, Lucknow in Criminal Appeal No. 102/2019 setting aside the order dated 8.3.2019 passed by Additional Chief Judicial Magistrate, CBI (Ayodhya Prakaran), Lucknow in Complaint Case No. 525/2018 and allowed the application of Aditi Shukla for DNA test of petitioner Ashok Singh Chauhan and Master Saurya.
(2.) Heard learned counsel for the petitioner and Sri Santosh Kumar Mishra, learned A.G.A. for the State and perused the record.
(3.) Learned counsel for the petitioner submitted that at present situation, no order can be passed for DNA test of petitioner. In support thereof, he placed reliance on the decision of Hon'ble Apex Court in the case of Bhabani Prasad Jena Vs. Convenor Secretary Orissa State Commission For Women and another, 2010 3 SCC(Cri) 1053.