THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.9740 of 2010 ORDER: This petition is filed under Section 482 of the Criminal Procedure Code questioning the order dated 24.09.2010 passed by the Judicial Magistrate of I Class, Chinthalapudi, in Crime No.23 of 2007 of Police Station Chinthalapudi. A case of murder of a woman was reported and registered in the year, 2007. But, even after prolonged investigation, there are no clues and the petitioners are suspected for commission of the offence. Therefore, a memo was filed for summoning the petitioners herein to collect the samples of hair etc., for Forensic Science Laboratory examination, and the said memo was allowed on 24.09.2010. Questioning the same, the present petition is filed. The learned counsel for the petitioners contends that the order of the lower Court for issuing the summons for the purpose of taking the samples for F.S.L. analysis could not have been issued without the accused being arrested and it is against the provisions of Section 53 of the Criminal Procedure Code. Therefore, in view of the above circumstances, as the police are having suspicion against the accused, they may arrest the accused and produce before the lower Court and on such production, the Court after hearing the accused shall pass necessary orders on the memo of the police. Accordingly, the Criminal Petition is disposed of. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:03-11-2011 INL