Ram Tirath vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Ram Tirath vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer of learned AGA for one week's time allowed; case listed on 18.03.2025 at 11:30 AM; AGA directed to produce FSL report of examination of fetus of infant and DNA of appellant, failing which Director, FSL and Investigating Officer present today shall appear in person.

Issue for consideration

Production of the FSL report on the examination of the fetus of the infant and the DNA of the appellant, repeatedly directed since 16.12.2024 and on which further progress of the criminal appeal awaits.

Court's answer

Operative decision of this sitting: the learned AGA's prayer for one week's time to produce the FSL report was allowed; the case is listed for 18.03.2025 at 11:30 AM; the learned AGA is directed to produce the FSL Report of the examination of the fetus of the infant and the DNA of the appellant on the next date, failing which the Director, FSL and the Investigating Officer present in Court shall appear in person.

Detailed headnote1 paragraphs

Criminal Appeal No. - 3599 of 2024, Ram Tirath v. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another — High Court of Judicature at Allahabad, Lucknow Bench (Rajeev Singh, J.), order dated 27.2.2025. Purely procedural interim order continuing judicial supervision of DNA testing. In compliance with earlier directions, Circle Officer Abdul Salam Khan (Lambua, Sultanpur) appeared with written instructions recording that the victim delivered a child, that the infant died (date of death absent from the written instructions; short counter affidavit records 09.10.2024), that autopsy was conducted, and that on 25.02.2025 the sample of fetus along with the DNA sample of the appellant was sent to the FSL. Learned AGA's prayer for one week's time to produce the FSL report was allowed; case listed for 18.03.2025 at 11:30 AM; learned AGA to produce the FSL Report of examination of the fetus of the infant and DNA of the appellant on the next date, failing which the Director, FSL and the Investigating Officer present in Court shall appear in person. No statute or precedent is cited and no substantive ruling on the merits is made; counsel for appellant Vinod Kumar Pandey; G.A. for the State and Dileep Kumar Tiwari for the complainant.

Court No. - 13

Case :- CRIMINAL APPEAL No. - 3599 of 2024 Appellant :- Ram Tirath Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Vinod Kumar Pandey Counsel for Respondent :- G.A.,Dileep Kumar Tiwari

Hon'ble Rajeev Singh,J.

On 18.02.2025, following order was passed:

1. On 16.12.2024 following order was passed :

"Vakalatnama filed by Sri Dileep Kumar Tiwari, learned Advocate for the complainant is taken on record.

Learned A.G.A. pray for and are granted four weeks' time to file counter affidavit.

While filing counter affidavit, he shall also file the DNA test report of the applicant and the newly born child if any.

List on 27.01.2025 showing the name of Sri Dileep Kumar Tiwari, learned Advocate as learned counsel for the complainant."

2. Counter affidavit has been filed by the learned A.G.A. duly sworn by Sri Abdul Salam Khan, Circle Officer, Lambhuwa, district Sultanpur but there is no report/explanation or annexure related to the D.N.A. Profile of accused-appellant as well as fetus. The same is taken on record.

3. Learned A.G.A. requests for sometime.

4. List this case on 27.02.2025 at 11.30 AM.

5. On the next date, Circle Officer, Lambhuwa, district Sultanpur shall appear before this Court along with complete case-diary as well as D.N.A. Profile of accusedappellant and fetus as directed earlier by this Court vide order dated 16.12.2024. ""

In compliance of aforesaid order, Shri Abdul Salam Khan, Circle Officer, Lambua, Sultanpur is present before this Court along with written instruction. Which is taken on record.

Mr. Khan, on the basis of his written instruction, has informed that the victim was carrying pregnancy and she delivered a child (date of the delivery is not mentioned in the written instruction). He has further informed that information of

death of infant was given by the victim and the informant, thereafter, autopsy of the body of infant was conducted and on 25.02.2025, sample of fetus along with the sample of DNA of appellant was taken and the same was sent to the FSL for examination.

The date of death of the child is not mentioned in the written instructions but in the short counter affidavit, it is mentioned as 09.10.2024.

Learned AGA has requested for one week's time to produce FSL report before his Court.

The prayer made is allowed

List this case on 18.03.2025 at 11:30 AM.

On the next date, learned AGA shall produce FSL Report related to the examination of fetus of infant and DNA of appellant, failing which, Director, FSL as well as Investigating Officer present today shall appear in person before this Court.

Order Date :- 27.2.2025 V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

Procedural history

How this case reached the court

AI extract

Prior proceeding
Order dated 16.12.2024: vakalatnama of Sri Dileep Kumar Tiwari, learned Advocate for the complainant, taken on record.¶6
Prior proceeding
Order dated 16.12.2024: learned A.G.A. prayed for and were granted four weeks' time to file counter affidavit.¶7
Prior proceeding
Order dated 16.12.2024: direction to file, along with the counter affidavit, the DNA test report of the applicant and the newly born child, if any.¶8
Prior proceeding
Order dated 16.12.2024: case listed on 27.01.2025, showing Dileep Kumar Tiwari as learned counsel for the complainant.¶9
Prior proceeding
Order dated 18.02.2025: counter affidavit filed by learned A.G.A. (sworn by Circle Officer Abdul Salam Khan) taken on record; it contained no DNA profile report or explanation for accused-appellant and fetus.¶10
Prior proceeding
Order dated 18.02.2025: direction that on the next date the Circle Officer, Lambhuwa, district Sultanpur appear with complete case-diary and the D.N.A. Profile of accused-appellant and fetus, as directed earlier vide order dated 16.12.2024.¶13
Prior proceeding
At the present sitting (27.02.2025), in compliance with the earlier order, Shri Abdul Salam Khan, Circle Officer, Lambua, Sultanpur appeared with written instruction, which was taken on record.¶14
Prior proceeding
Per written instruction: the victim was carrying pregnancy and delivered a child; date of delivery not mentioned.¶15
Prior proceeding
Per written instruction: information of death of infant given by the victim and the informant; autopsy of the infant's body conducted.¶16
Prior proceeding
Per written instruction: on 25.02.2025, sample of fetus together with the DNA sample of the appellant was taken and sent to the FSL for examination.¶16
Prior proceeding
Date of death of the child not mentioned in the written instructions; the short counter affidavit records it as 09.10.2024.¶17
Prior proceeding
At this sitting, learned AGA requested one week's time to produce the FSL report.¶18