NARESH CHANDRA Vs. AKSHA ANAND

JUDGEMENT

(1.) PETITIONER Naresh Chandra, husband of non-petitioner No. 2 Reshma Bai, has filed this petition Under Section 482 Cr. P. C challenging the correctness and propriety of the order dated 23:9. 94, passed by 1st Addl. Sessions Judge, Raigarh in Criminal Revision No. 50/94, where by the petitioner/husband was directed to give sample of his flood fo 'paternity Test'.

(2.) NON-PETITIONER Reshma Bai filed an application Under Section 125 Cr. P. C. for grant of maintenance for herself and her son Aksha Anand, non-petitioner No. l, from petitioner Naresh Chandra. Petitioner Naresh Chandra, in his reply to the above application, denied the fact of marriage between himself and non-petitioner Reshma Bai. The petitioner also denied that non-petitioner No. 1 Aksha Anand was his son.

(3.) DURING the pendency of the proceedings Under Section 125 Cr. P. C, non-petitioner Reshma Bai applied for examination of sample of blood of the petitioner and of non-petitioner No. 1 for establishing that petitioner Naresh Chandra was the father of non-petitioner No. 1 Aksha Anand. The Trial Magistrate videorder dated 23. 7. 92 dismissed the above application. 1st Addl. Sessions Judge, Raigarh, in Cr. R. No. 30/92, vide order dated 11. 2. 93 allowed the revision and so also the application for blood test and the impugned order of the Trial Court dated 23. 7. 92 was set aside.