SALAUDDIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of Criminal Revision Nos. 1262 of 2007 and 1830 of 2007.

(2.) THE complainant and the State of Haryana have filed separate revisions challenging the order dated 3rd May, 2007, passed by the Additional Sessions Judge, Fast Track Court, Gurgaon, dismissing an application for taking the blood sample of the accused. Surat alias Sujja, is an accused in FIR No. 318, dated 12th September. 2004, registered under Sections 302/102 -B/216/201/148/149 IPC and Sections 25/54/59 of the Arms Act. After his arrest the police filed an application, before the J.M.I.C. Ferozepur Jhirka for being allowed to take his blood sample. On 7th December, 2004, the Surat @ Sujja made a statement before the Judicial Magistrate Ist Class, Ferozepur Jhirka that he has no objection if his blood sample is taken. The Magistrate, therefore, directed the Civil Surgeon, Gurgaon to take the blood sample of the accused. Surat @ Sujja, filed Criminal Revision No. 34 of 2004/2006, challenging this order. Vide order dated 3rd May, 2007. the revision was dismissed. It appears that when the doctor visited the jail to take a blood sample but Surat @ Sujja refused to cooperate, thus compelling the doctor to return.

(3.) COUNSEL for the petitioner submits, that Section 53 of the Code, allows the use of "reasonable force" for "examination" of the person of an accused. The accused agreed and, thereafter, refused to undergo a blood test. The trial court should have, therefore, directed the Civil Surgeon, Gurgaon to use "reasonable force", for the purpose of drawing a blood sample for the purpose of D.N.A. profiling. It is further submitted that the court below misconstrued the prayer in the application as in essence, the prayer is to carry out the order dated 7th December, 2004 in accordance with the provisions of Section 53 of the Code.