ZAHOOR AHMAD PAMPORI Vs. NADIA

JUDGEMENT

(1.) Petitioner, by means of this petition, under S. 561-A, Cr. P.C. is seeking to quash the orders dated 11/2000 and 21-12-2000, passed by the learned Chief Judicial Magistrate, Anantnag, in petition under Section 488, Cr. P.C. and order dated 29-12-2001 passed by the learned Sessions Judge, Anantnag, in revision petition No. 60/2001.

(2.) Petitioner was married to Ruby Jan. Out of the wedlock, Nadia, a female child, was born on 28/03/1989. The marriage between the parties was dissolved on 17-10-88. The minor, Nadia, through her mother, filed an application before learned Chief Judicial Magistrate, Anantnag, against the petitioner herein, seeking maintenance under Section 488, Cr. P.C.

(3.) During the pendency of these proceedings, petitioner filed an application for conducting DNA test disputing the paternity of the child. The learned Magistrate, on appreciation of the evidence, dismissed the application of the non-applicant (Petitioner herein), seeking direction to conduct the DNA test vide order dated November, 2000. He granted a sum of Rs. 500.00 to the child as maintenance vide order dated 21-12-2000. This order was challenged by the non-applicant (Petitioner herein) before the learned Sessions Judge, Anantnag, in revision petition which also stands dismissed on 29-12-2001.