THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 6255 of 2008 Order: This Criminal Petition has been filed by the petitioner to quash the orders dated 21.08.2008 passed in Crl.M.P. No. 1855 of 2008 in M.C. No. 15 of 2004 on the file of the Judicial Magistrate of First Class, Pathapatnam, Srikakulam District. There is no representation on behalf of the first respondent. Heard the learned counsel for the petitioner. Since this is an old matter involving the right of a minor, I am inclined to dispose of this petition. The petitioner herein filed M.C. No. 15 of 2004 claiming maintenance of Rs.1500/- per month towards his maintenance. The petitioner is being represented by his mother Ramakumari. The case of the petitioner is that his mother hailed from a poor Brahmin family and she is a Singer. The first respondent herein is an artist and both of them used to attend social dramas for remuneration. They fell in love and the first respondent represented that he would marry the mother of the petitioner and they used to live as wife and husband. Out of their wedlock, the mother of the petitioner gave birth to the petitioner on 21.08.1996. After the birth of the petitioner, the mother of the petitioner learnt that the first respondent was already married and that she was cheated. The first respondent is working as a Teacher in MPUP School, Dimili and his monthly salary is about Rs.10,000/- per month. The first respondent denied his relationship with the petitioner. The case of the first respondent is that the mother of the petitioner came to Dimili along with one Thalabhaktula Nagabhushanam and requested him to advance a loan of Rs.15,000/- for herself and T. Nagabhushanam for their gold business and when he refused to give loan, this false case has been filed against him for the purpose of extracting money by black mailing. The mother of the petitioner was examined as PW.1. The first respondent was examined as RW.1. However, during the cross- examination, the first respondent admitted that he has no objection to send his blood sample for DNA test to compare the same with the petitioner’s blood sample at FSL, Hyderabad. The petitioner filed Crl.M.P. No. 1855 of 2008 in M.C. No. 15 of 2004, under Section 45 of the Evidence Act read with Section 311 Cr.P.C., praying to send the blood sample of the first respondent and the petitioner herein to DNA test. The learned Magistrate, observing that the petition filed by the petitioner is absolutely at the belated stage and at the fag end of the case and only to drag on the matter and to interrupt the proceedings the petition was filed, dismissed the said petition. The main ground for dismissing the said petition is that there is inordinate delay in filing the petition. It is most unfortunate that the petition has been dismissed without proper appreciation of the issues involved. Admittedly, the main dispute is with regard to the paternity of the petitioner. When a person denies his paternity, the DNA test will be an important piece of evidence. At the stage of trial, the Courts are not expected to close the doors and prevent the parties from adducing evidence. The Courts are meant for rendering real justice to the parties. Real justice is possible when the parties are allowed to adduce evidence at the trial stage. Of course, there is inordinate delay in filing the petition, but it has to be kept in mind that the petitioner is a minor boy of 8 years and he is being represented by his mother. Whatever it may be, since the DNA test will clinch the issue and since the first respondent himself has admitted in his evidence that he has no objection to send his blood sample and the blood sample of the petitioner for DNA test, the impugned order of the learned Magistrate appears to be not reasonable and the same is liable to be quashed. In the circumstances, the Criminal Petition is allowed and the impugned order is quashed. Consequently Crl.M.P. No.1855 of 2008 in M.C. No. 15 of 2004, filed by the petitioner, stands allowed. The learned Judicial Magistrate of First Class, Pathapatnam, is directed to collect the blood samples of the petitioner and the first respondent herein and send the same for DNA test without any further delay. ______________________ B. CHANDRA KUMAR, J. Date: 29.04.2010 Nsr