BISHAMBER SINGH Vs. RAJ KUMARI AND OTHERS

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure (for short 'Code') has been directed against the order passed by learned Additional Sessions Judge-I, Kangra at Dharamshala in Criminal Revision No. 14-D/X/2017 on 17.7.2018 whereby he affirmed the order passed by learned trial Magistrate which had directed the conducting of DNA test of the present petitioner.

(2.) The facts giving rise to the present case are that respondent No.1 filed a petition under Sec. 125 Crimial P.C. seeking maintenance against the present petitioner. She also filed an application for grant of permission for conducting DNA test and for production of CD as in evidence. Learned trial Magistrate allowed the application vide order dated 2.9.2015, however, no specific direction was given for conducting the DNA test. Thereafter, the respondents filed another application for issuing directions to the petitioner to conduct DNA test before CFSL, Chandigarh. The learned trial Magistrate vide order dated 26.5.2017 directed that the DNA test was necessary and further the present petitioner was directed to deposit a sum of Rs.20,000.00 before the Court.

(3.) The order dated 26.5.2017 was assailed by the petitioner before the learned Additional Sessions Judge-I, Kangra at Dharamshala, who vide order dated 17.7.2018 affirmed the order dated 26.5.2017 passed by learned trial Magistrate.