HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA Criminal Petition No.7322 of 2009 Date: 12-10-2011 Between Chintala Venkata Rama Krishna … Petitioner and The Public Prosecutor, High Court of A.P., Hyderabad and another … Respondents HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA Criminal Petition No.7322 of 2009 Order: The petitioner has impugned the order dated 24-7-2009 in D.V.C.No.1 of 2009 passed by the VI Additional Junior Civil Judge, Guntur, whereby the application of the petitioner, filed under Section 45 of the Indian Evidence Act, 1872, seeking an expert opinion as to whether the 2nd respondent is suffering from HIV (+ve) or not, was rejected. 2. Briefly, the facts of the case are that the 2nd respondent filed a case D.V.C.No.1 of 2009 under Section 12 of Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act’) on the file of the Court below against the petitioner herein, who is her husband, wherein it was alleged that he was maltreating her. 3. During the pendency of the case, the petitioner filed the present application, wherein he requested the Court below that his wife be subjected to medical examination in order to find out whether she is suffering from HIV (+ve) or not. The Court below dismissed the said application. 4. It has been averred that the Court below ought to have allowed the application because by directing a person to undergo medical examination will not violate the right to privacy and no prejudice would have been caused to the 2nd respondent if she was subjected to blood-test in order to ascertain whether she is suffering from HIV (+ve) or not. 5. A perusal of the facts of the present case shows that the 2nd respondent filed the case D.V.C.No.1 of 2009 against her husband under the Act on the allegation that he was harassing her both physically and mentally. 6. The application filed by the petitioner was with regard to subjecting her to a medical examination in order to find out whether she is suffering from HIV (+ve) or not. This examination has nothing to do with the allegations levelled by the complainant and therefore, the application filed by the petitioner has rightly been rejected by the Court below. 7. Therefore, I find no merit in this criminal petition and accordingly, the same is dismissed. __________________________ ASHUTOSH MOHUNTA, J. 12th October, 2011. Ak HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA Criminal Petition No.7322 of 2009 12th October, 2011. (Ak)