ANJANA SAHARAWAT Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) We have heard learned counsel appearing for the appellant.

(2.) This Special Appeal arises out of the order dated 28.11.2014 passed by learned single Judge, by which he has disposed of the S.B.Criminal Writ Petition No.222/2014 (FIR No.28/2014 under Sections 494, 498A, 468, 418, 120B of the Indian Penal Code) and stay application, rejecting the prayer for issuing directions for a DNA Test of accused-respondent Nos. 5 & 6.

(3.) The criminal writ petition filed before learned single Judge arose out of the proceedings initiated by the appellant-wife against her husband Shri Sandeep Berad under Sections 498A and 494 of the Indian Penal Code, for having entered into the marriage with Abhilasha Abusaria, and living allegedly in adultery, with her. She alleged the offences of cruelty and bigamy against her husband. During the pendency of the proceedings in the trial, an application was filed by the appellant for a DNA test of her husband Sandeep Berad, and the child alleged to have been born from the illicit relations. In the hospital records, Abhilasha did not give name of the father of her child as Sandeep Berad.