IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31181 of 2009 Md.Aslam @ Aslam, Son of Abdul Rasid, Resident of Village – Jasparha, P.S. – Tisiauta, District – Vaishali. ………. Petitioner. Versus 1. The State of Bihar. 2. Amina Khatoon, D/o Md. Sahibul, R/o vill.- Muradabad, P.S. – Tisiauta, District – Vaishali. ………… Opposite Parties. ---------------------------------- 02/ 08.12.2011 Heard Mr. Pramod Kumar, learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. This application has been filed for quashing the order dated 01.07.2009 passed by learned Additional District Judge, Fast Track Court No. IV, Vaishali at Hajipur in Tisiauta P.S. Case No. 26 of 2006/Tr. No. 41 of 2009, whereby the learned Additional District Judge has been pleased to reject the petition for discharge filed on behalf of the petitioner under Section 227 of the Code of Criminal Procedure (hereinafter referred to as the ‘Code’). Learned counsel for the petitioner, with reference to the averment made in the application for discharge, submits that apart from other issues the petitioner had also raised an issue for carrying out DNA test on the victim girl, which would have substantiated whether or not the allegation set out in the F.I.R. was trustworthy. He further, with reference to a notice of Officer-in-charge of Tisiauta Police Station dated 15.9.2006 as also subsequent notices which form part of Annexure-3 series, submits that the prosecutrix having been noticed by the Investigating Officer to present herself before the Medical Board for conduct of DNA test, has failed to 2 appear before the Board. He thus submits that these are issues which are relevant for the adjudication of the matter by the trial court. Be that as it may, considering the circumstances that the learned Additional District Judge has been pleased to dismiss the application filed on behalf of the petitioner under Section 227 of the Code upon consideration of the materials that had transpired during the course of investigation as also the allegation as set out in the F.I.R., no case for interference is made out. The petitioner, if so advised, may raise all the issues including the issue regarding holding of DNA test on the victim girl during the course of trial before the trial Court at appropriate stage. With the aforesaid observations, this application stands disposed of. DKS/ (Jyoti Saran, J.)