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Judgment
H.S. Kempanna, J.—The petitioner in this petition has sought for setting aside the order dated 13.3.2009 passed in Crl. Rev. Pet. No. 4/2009 by the Principal District and Sessions'' Judge, Kolar, confirming the order dated 5.1.2009 passed in C.M.C. No. 107/2006 by the JMFC, KGF, on IA No. 2 and directing the petitioner to subject himself to blood grouping and DNA test. The facts leading to this case are:-
Respondents herein filed an application u/s 125 of Cr.P.C. before the learned Magistrate praying for grant of maintenance in a sum of Rs. 5,000/- each per month. It is the case of the respondents before the trial Magistrate that the first respondent is legally wedded wife of the petitioner and second respondent is his daughter born through the first respondent. The petitioner deserted and neglected to maintain them. They have no other source of income to maintain themselves. Hence, they sought for grant of maintenance from the petitioner.
After notice the petitioner appeared and filed objections. In the objections inter alia among other things mainly contended that the first respondent is not his wife and second respondent is not born to him at all apart from denying all allegations made in the petition. Hence sought for dismissal of the petition.
At that stage, the respondents herein filed petition u/s 53 of Cr.P.C. r/w. Section 45 of the Evidence Act praying to direct the petitioner herein for subjecting to blood grouping test and DNA test in the interest of justice and equity. The said application was opposed to by the petitioner herein.
The learned Trial Judge on considering the materials placed before him allowed the said application and directed the respondents 1 to 2 and petitioner to undergo blood grouping test and DNA test.
The petitioner being aggrieved of the said order preferred Crl. Rev. Pet. No. 4/2009 before the Principal District and Sessions Judge, Kolar. The learned Sessions Judge by his order dated 13.3.2009 dismissed the revision petition preferred by the petitioner confirming the order passed by the trial Judge.
Being aggrieved of the order passed by the Courts below the petitioner is before this Court in this petition.
The learned counsel for the petitioner vehemently contended that the trial Magistrate exceeded in his jurisdiction in allowing the application filed by the petitioner herein. He submitted as the proceedings u/s 125 of Cr.P.C. are summary proceedings the Court could not have directed to undergo blood grouping test and DNA test. He further submits that the order is without jurisdiction and the Courts below without appreciating the same have erred in passing the order. Hence, it be dismissed. A perusal of the materials placed reveal the petitioner has denied his relationship with the respondents. It is at that stage the respondents have made an application requesting the court to direct the petitioner to be subjected to blood grouping test and DNA test. If that test is conducted, no injustice would be caused to the petitioner on the other hand, if the test is proved to be negative it goes in his favour. The Courts below on appreciation of the entire material on record, in my view, have rightly allowed the application directing the petitioner to undergo blood grouping test and DNA test. I do not find any justifiable reason to interfere with the said orders in this petition filed u/s 482 of Cr.P.C. Accordingly, there is no merit, hence it is dismissed.