THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1146 OF 2023
O R D E R:
This Criminal Petition is filed aggrieved by the order of the learned V Additional Sessions Judge at Miryalaguda, Nalgonda District dt.1.11.2022 in Crl.R.P.No.25 of 2022, whereby the learned Sessions judge allowed the said petition directing the accused to be present before the Director, Telangana State Forensic Science Laboratory, Hyderabad, for the purpose of collecting his DNA sample so as to compare the same with the preserved hair sample in Crime No.22 of 2022, which case is being investigated for the offence under Section 302 of the Indian Penal Code.
2. Learned Counsel appearing for the petitioner/accused would submit that the Magistrate Court has refused to direct DNA test, however, the learned Sessions Judge has passed an order setting aside the order of the Magistrate, directing this petitioner to undergo DNA test. He also relied upon the Judgment of the high Court of Jharkhand at Ranchi in WP.(Cr.)No.536 of 2022, dated 20.12.2022, wherein the 2 prayer for sending the accused for the purpose of DNA testing was refused.
3. The aforesaid Judgment relied upon by the learned counsel for the petitioner is not applicable to the facts of the present case. The present investigation is with respect of the offence of Murder and the Police having found certain hair at the scene of offence, intend to send the samples of this petitioner/accused for the purpose of DNA test.
4. I do not find any infirmity in the order of the learned Sessions Judge, in directing this petitioner to the Director, Telangana State Forensic Science Laboratory, Hyderabad, for the purpose of collecting his DNA sample so as to compare the same with the preserved hair sample.
5. Accordingly, there are no grounds in the criminal petition and the same is dismissed.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Date: 09.02.2023 tk 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1146 OF 2023 Dt. 09.02.2023 tk