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Judgment
N.S. Dhanik, J
This criminal misc. application has been filed by the applicant to quash the impugned order dated 08.08.2019 passed by Judge Family Court, Nainital
in Criminal Case No. 330 of 2018, whereby the learned court below passed the order that on 20.08.2019, the applicant to appear before the Chief
Medical Officer, B.D. Pandey Govt. Hospital, Nainital for D.N.A. test and further to quash the entire proceedings of Criminal Case No. 330 of 2018.
Applicant, present in person, submits that respondent no. 2 filed a civil suit under Section 13-B of the Hindu Marriage Act for seeking divorce with
her husband, namely, Pooran Ram with mutual consent and in the divorce petition, the respondent no. 2 and her husband accepted in para no. 7 of this
petition that they are having three sons namely, Vikas aged about 15 years, Ajay Kumar aged about 13 years and Shubham aged about 3 years
respectively. He also submits that the applicant prayed the court below to give an opportunity of being heard but the court below without giving an
opportunity passed an order dated 08.08.2019.
The applicant further submits that the matter may kindly be remanded back to the lower Court with a direction that a fresh opportunity of being
heard should be given to the applicant as well as to the private respondent. He further prayed that the court below may also be directed to consider
the affidavits filed by the applicant in respect of the present case.
Considering the submissions advanced by the learned counsel for the parties, the order dated 08.08.2019 is quashed by remanding the matter back
to the learned court below with a direction that fresh opportunity of being heard shall be given by the lower Court to the applicant as well as to private
respondent herein and thereafter the court below may pass the appropriate order, in accordance with law. The court below may also consider the
affidavits as submitted by the applicant. The parties are directed to appear before the court below on 12.03.2021.
Let a copy of this judgment be sent to the Court concerned for compliance.