Single bench application under Section 482 CrPC dismissed. Court directed Family Court to decide pending DNA test application within one month based on already deposited fees.
Directed Principal Judge, Family Court, Kanpur Nagar to decide applicant's application dated 16.12.2022 within one month.
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Court No. - 73 Case :- APPLICATION U/S 482 No. - 6422 of 2023 Applicant :- Shiv Giri Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vishal Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to direct the Principal Judge, Family Court, Kanpur Nagar to get DNA test of the applicant, opposite party no.2 and her daughter i.e. opposite party no.3 conducted from the Forensic Science Laboratory, Agra without demanding further requisite fee, as the requisite fee for a sum of Rs. 7,500/- has already been deposited through treasury challan dated 12th October, 2022.
Learned counsel for the applicant submits that on the application made by opposite party no.2 to get the DNA test of the applicant, opposite part nos. 2 and 3 conducted for ascertaining the fact as to whether the applicant has married her and he is the father of her daughter i.e. opposite party no.3 for which opposite party no.2 has deposited requisite fee for sum of Rs. 7,500/- (Rs. 2,500/- each for applicant, opposite party no.2 and opposite party no.3 through treasury challan dated 12th October, 2022). Initially the said DNA test of applicant and opposite party nos. 2 and 3 had to be done from Forensic Science Laboratory, Lucknow but for the reasons best known to the authorities, the matter for conducting the DNA test has been transferred to Forensic Science Laboratory, Agra but on transfer of the matter, they have been required to deposit the requisite fee again. The applicant has made an application on 16th December, 2022 before the Principal Judge, Family Court to direct the Director Legal Science Laboratory/Forensic Science Laboratory, Agra to conduct the DNA test of the applicant, opposite party no.2 and opposite party no.3 on the basis of requisite fee, which has been deposited earlier through treasury challan dated 12th October, 2022. The said application has not been decided till date, hence the present application.
In the facts and circumstances of the case but without expressing any opinion on the merits of the claim set up by the learned counsel for the parties, this application is disposed of by directing the Principal Judge, Family Court, Kanpur Nagar to decide the application of the applicant dated 16th December, 2022, in accordance with law by means of a reasoned and speaking order, preferably within a period of one month from the date of production of a certified copy of this order.
(Shiv Shanker Prasad, J.)
Order Date :- 23.3.2023 Sushil/-
Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad
1 provisions across 1 enactments
Shiv Giri
Shiv Shanker Prasad
As recorded by the court registry
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