HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1276 of 2010 ORDER: This Criminal Revision Case is filed by the petitioner, under Sections 397 and 401 of Cr.P.C., seeking to quash the order dated 10.06.2010 passed by the learned Judge, Family Court at Mahabubnagar in Crl.M.P.No.44 of 2010 in M.C.No.28 of 2009 dismissing the said petition filed by the petitioner with a prayer to send him and respondents 1 and 4 to Forensic Science Laboratory, Hyderabad, for conducting DNA test to determine paternity of the 4th respondent for better adjudication of the matter. Heard. The main grievance of the petitioner is that the 4th respondent is not born to the 1st respondent through him and he is not the biological father of the 4th respondent and the trial Court did not consider his request for obtaining an expert opinion in order to establish his stand taken in his counter filed in the maintenance case as well as in his evidence with regard to the paternity. On the other hand, learned counsel for the respondents submitted that nowhere it is stated in the evidence of the petitioner that he is disputing the paternity of the 4th respondent. On perusal of the record, this Court is of the view that when the petitioner-father filed a petition for conducting DNA test in order to prove that he is not the father of the 4th respondent-child, if the 4th respondent is not willing for the same, the trial Court can take adverse inference. But, at the same time, this Court cannot compel the 4th respondent to undergo for DNA test. With the above observation, the Criminal Petition is disposed of and the miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________ RAJA ELANGO, J 19th August, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.1276 of 2010 (Disposed of) 19th August, 2011 cbs