The High Court dismissed a petitioner's writ petition challenging an order allowing a prosecution petition for a DNA profile test under Section 311 Cr.P.C. during trial, holding the order lawful and in the interest of justice.
The petition for quashing the order allowing the DNA profile test was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 125 of 2022
Vinod Karmali @ Binod Karmali ..… Petitioner Versus 1.The State of Jharkhand 2. Most. Parwati Devi …… Opp. Parties --------CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --------- For the Petitioner : Mr. A.K. Sahani, Advocate For the State :Mr. Satish Prasad, A.P.P.
03/Dated: 19/04/2022
Heard Mr. A.K. Sahani, learned counsel for the petitioner and Mr. Satish Prasad, learned counsel for the State.
This petition has been filed for quashing of order dated 2.12.2021 passed by the learned Additional Sessions Judge-1-cum-Special Judge, FTC, Ramgarh in connection with Sessions Trial No. 82 of 2015 whereby petition dated 27.06.2021 filed by the O.P. No. 2 for DNA profile has been allowed, pending in the Court of Additional Sessions Judge-1-cum-Special Judge, FTC, Ramgarh.
Mr. A.K. Sahani, learned counsel for the petitioner assailed the impugned order on the ground that after closing of evidence of the both sides, the matter was fixed for argument and on the petition of prosecution, the said petition was allowed. He further submits that no reason has been assigned in the impugned order.
Mr. Satish Prasad, learned counsel for the State submits that there is no illegality in the impugned order.
The Court has perused the impugned order. Learned court has disclosed the entire facts including closer of evidence of both sides and after considering the submission of the parties, allowed the petition under section 311 Cr.P.C. Section 311 Cr.P.C provides discretionary power of the Court which can be allowed at the stage of deposition or at any stage of trial.
It is an admitted fact that trial has not been concluded and the
2
matter is fixed for argument. The petition was filed before starting of the argument and in the interest of justice the said petition was allowed. There is no illegality in the impugned order. Accordingly, this petition is dismissed.
( Sanjay Kumar Dwivedi, J.)
Satyarthi/
1 issue framed by the court
Whether the Additional Sessions Judge exceeded his power by ordering a DNA profile test during the trial stage under Section 311 Cr.P.C.
1 provisions across 1 enactments
Vinod Karmali @ Binod Karmali
The State of Jharkhand
Most. Parwati Devi
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court