Arshad Khan @ Arashad Haneef Khan vs State Of U.P. Thru. Prin. Secy. Home ...
2024 Latest Caselaw 38837 ALL

Allahabad High Court

Arshad Khan @ Arashad Haneef Khan vs State Of U.P. Thru. Prin. Secy. Home ... on 25 November, 2024

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:77916
 
Court No. - 12
 

 
Case :- APPLICATION U/S 482 No. - 10663 of 2024
 

 
Applicant :- Arshad Khan @ Arashad Haneef Khan
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And 3 Others
 
Counsel for Applicant :- Anwar Ashfaq
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Lavania,J.
 

Heard learned counsel for the parties.

By means of this application, the applicant has prayed for the following main relief(s):-

"i. To quash the impugned order dated 13.09.2024 passed by Principal Judge, Family Court, Balrampur in Case No. M 51/2021 "Sakina Bano Vs. Arashad Khan", by means of which the learned Principal Judge, Family Court, Balrampur has rejected the application of the petitioner for conducting Deoxyribonucleic Acid (DNA) Medical Test of opposite party no.3 Susda Fatima, contained as Annexure No.1 to this application;

ii. To allow the application of petitioner for Deoxyribonucleic Acid (DNA) Medical Test dated 20.08.2024, contained as Annexure no.5, in the interest of justice."

Considering the objection raised by learned AGA that the order under challenge dated 13.09.2024 has been passed in the proceedings instituted under Section 125 Cr.P.C., which falls under Chapter IX Cr.P.C. and taking note of the same as also Section 19(4) of the Family Courts Act and the judgment passed by the Division Bench of this Court in the case of Liaqat Hussain vs. Jainab Parveen and another reported in 2020 SCC OnLine All 1530:(2021) 2 All LJ 271, this Court is not inclined to entertain the present application.

The instant application is accordingly dismissed. It is however with liberty to the applicant to avail the appropriate remedy as available to him under the law.

Order Date :- 25.11.2024

Arun/-