IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 WP(C).No. 12741 of 2007(P) -------------------------------------- PETITIONER(S): ---------------------- JENESH, S/O.KESAVAN, CHOLAMTHARAYIL HOUSE, THAIKKATTUSSERRY, CHERTHALA. BY ADVS. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DIRECTOR GENERAL OF POLICE, KERALA POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. 4. DY.S.P. OF POLICE, CHERTHALA. 5. SUB INSPECTOR OF POLICE, POOCHAKKAL POLICE STATION, CHERTHALA. 6. SALINI, D/O.SANTHA, KALAPPURAKKAL HOUSE, WARD NO.12, CHERTHALA. R1 TO R5 BY GOVERNMENT PLEADER SRI.P.A.SALIM R6 BY ADV. SRI.T.JAYAKRISHNAN SRI.BALA BINDU.N THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.12741 OF 2007 --------------------------------------------- Dated 27th October, 2010 JUDGMENT Writ petition is filed for a direction to the investigating officer to conduct DNA test by an approved laboratory to determine the paternity of the child born to sixth respondent contending that petitioner had no relation with sixth respondent. When the writ petition was admitted, this Court directed the Government Pleader to get instructions whether DNA test was conducted and what is the impediment to conduct such a test, as the petitioner has expressed his willingness to meet the expenses. On the next posting date, when Government Pleader submitted that the investigation was Wpc 12741/07 2 completed and final report was submitted, this Court directed to file a statement why further investigation under Section 173(8) of Code of Criminal Procedure cannot be conducted to get the DNA test conducted. 2. Sub Inspector of Police, Poochakkal Police Station filed a statement disclosing that pursuant to the order Circle Inspector of Police, Cherthala filed a petition before Judicial First Class Magistrate's Court-II, Cherthala for permission to conduct further investigation under Section 173(8) of Code of Criminal Procedure. It is also stated that when permission is granted, a petition would be filed before the learned Magistrate to conduct DNA test. 3. In view of the statement, writ petition is disposed recording the submission Wpc 12741/07 3 of the Sub Inspector that once permission is granted for further investigation under Section 173(8) of Code of Criminal Procedure, a petition will be filed before the learned Magistrate for permission to conduct DNA test. If such an application is filed, learned Magistrate to permit the investigating officer to conduct DNA test, at the expense of the petitioner, if it is not so far done. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.