IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD THURSDAY, THE SIXTEENTH DAY OF DECEMBER, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.12470 of 2010 Between: Gundumogula Ramanjaneyulu and four others … Petitioners A n d State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad. … Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.12470 of 2010 ORDER: This petition is filed under Section 482 Cr.P.C., seeking a direction to the prosecution to cause production of DNA test report received from A.P. Forensic Science Laboratory, Hyderabad. 2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State. Perused the record. 3. Petitioners/A-1, A-3 to A-6, along with others, are facing prosecution for the offence under Section 302 and 201 read with Sections 34 and 109 IPC in S.C.No.29 of 2009 before the II-Additional Sessions Judge, Amalapuram. According to the petitioners, during the course of investigation, the skull of the deceased was sent to FSL for DNA test and a report was also received to the effect that there were no ante-mortem injuries or fractures. The petitioners alleged that the prosecution has suppressed and failed to produce the said report before the Court. The petitioners, therefore, filed Crl.M.P.No.224 of 2010 under Section 91 Cr.P.C seeking a direction to the prosecution to produce the DNA test report received by the SDPO, Amalapuram from FSL. It is stated that the said application is still pending. But, however, the Sessions Court issued a schedule for commencement of trial from 20-12-2010. 4. The learned counsel for the petitioners would submit that the report of DNA received from FSL is a crucial document and the same is required for the purpose of trial and if the trial is conducted as per the schedule from 20- 10-2010, the defence of the petitioners/accused would be seriously hampered and prejudiced in the absence of the DNA test report. The petitioners, therefore, seeks a direction to produce the DNA test report before the Court before commencement of the trial. 5. Having regard to the fact that the petitioners have already filed their application in Crl.M.PNo.224 of 2010 under Section 91 Cr.P.C for the same relief before the trial Court and the said application is pending, it is considered that a direction can be given to the learned Sessions Judge to dispose of the said application Crl.M.P.No.224 of 2010 on its merits before commencement of trial. 6. The criminal petition is disposed of accordingly, with the above direction. ____________________ G.V.SEETHAPATHY, J 16th December. 2010 Note: CC in two days B/o Lrkm