Midathapally Deepak vs The State Of Telangana
2023 Latest Caselaw 678 Tel

      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

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

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.1146 OF 2023

Dt. 09.02.2023

tk