MD INAYAT ALI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Revision Case is filed by the petitioners, who are Accused Nos.1 and 2 (for short 'A.1 and A.2') of Crime No.121 of 2010 of Yacharam Police Station, Cyberabad Commissionerate, Hyderabad, aggrieved by the order dated 17.10.2014 in Crl.M.P.No.92 of 2014 in S.C.No.70 of 2012 passed by the learned XIII Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar, Hyderabad, allowing the petition filed under Section 45 of the Indian Evidence Act, directing the defactocomplainant/PW.1, A.1 (Md. Inayath Ali) and A.2 (Md. Liyakath Ali) to give blood samples and also that of the children of PW.1 at Sai Krishna Neuro Hospital, Kachiguda, with a further direction to the hospital authorities to send the report to the Court directly in a sealed cover, the expenses of which should be borne by the defactocomplainant.

(2.) The contentions in the grounds of revision vis-a-vis the oral submissions in the course of hearing by the learned counsel for revision petitioners A.1 and A.2 are that the impugned order of the Court below is contrary to law, with no requirement of such a test and thereafter for no reason or just cause much less to intrude into the personal liberty and to compel petitioners A.1 and A.2 against their wish and thereby sought for dismissal of the impugned order of the Court below.

(3.) Whereas, it is the contention of the learned counsel for the 2nd respondent - defacto-complainant and the learned Public Prosecutor for the 1st respondent State that the order of the Court below is well within its scope contemplated by law and the same is necessary for the effective adjudication of the criminal lis and there is nothing to interfere therewith and it cannot be stated as intruding into the privacy or in effecting of Fundamental Right, which is not even when absolute, but for qualified, that too subject to due process of law to obey to the orders of the Court in submitting to the requirement of the DNA test and hence to dismiss the revision.