LAWS(P&H)-2019-11-34

TEJPAL SINGH BAJWA Vs. STATE OF PUNJAB

Decided On November 14, 2019
Tejpal Singh Bajwa Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This application has been filed by the applicant/complainant seeking issuance of a direction to Director PGIMER, Chandigarh for conducting DNA test of Gurhetpal Singh Bajwa and the petitioner-Tejpal Singh Bajwa.

(2.) This Court is of the opinion that the aforesaid controversy does not have much to do with the controversy in hand i.e. matter pertaining to anticipatory bail. Accordingly, the application being sans merit is dismissed. It is however clarified that dismissal of this application will not prejudice the rights of either of the parties to move any such application at appropriate stage before any other forum and the dismissal of the application will not be taken to be any kind of precedent.

(3.) The learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that position regarding marital status had been made more than amply clear to the complainant when it had been decided that the marriage between petitioner and complainant would be solemnized. Learned counsel has submitted that the marriage of the petitioner with his earlier wife stands formally dissolved by a decree of divorce, although the petitioner and his ex-wife had parted ways much earlier and were residing separately. Learned counsel has submitted that it is a case of second marriage for both the parties but since the marriage between complainant and petitioner did not work well, the complainant has lodged the present FIR in order to pressurize the petitioner to part with his property.