PALLELA RAMESH Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure questioning the order, dated 19.03.2018, passed in Crl.M.P.No.608 of 2018 in M.C.No.39 of 2015 on the file of Judicial Magistrate of First Class, Prathipadu.

(2.) The parties are described as they are arrayed in Crl.M.P.No.608 of 2018 in M.C.No.39 of 2015 on the file of the Judicial Magistrate of First Class, Prathipadu.

(3.) This application is filed by the husband / present petitioner under Section 45 of the Indian Evidence Act to send the respondents 2 to 4 to DNA Test for determination of the parentage of the parties. The case of the petitioner-husband is that he had no access to the 1st respondent-wife and that the three minors, who were shown as respondents 2 to 4 are not born out of the marriage and hence he filed Crl.M.P.No.608 of 2018 for referring the parties to the DNA test. The application was heard after a counter was filed and the same was dismissed. Questioning the same the present petition is filed.