SBCrMiscPet No.1365/08- Lal Singh v. State of Raj & ors Date of order:12.05.2009 1 of 2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ::: O R D E R Lal Singh v. State of Rajasthan & others S.B. Cr. Misc. Petition No.1365 OF 2008 ::: Date of order: 12th May, 2009 ::: P R E S E N T HON'BLE MR JUSTICE KISHAN SWAROOP CHAUDHARI Mr S.S. Shaktawat, for the petitioner Ms Chanderlekha, Public Prosecutor BY THE COURT: None appeared on behalf of respondents No.2 to 4. Heard learned counsel for the petitioner and perused the record. As per order sheet dated 13.8.2008 learned trial court held that DNA test of parties is necessary and directed them to keep themselves present in the court on 25.8.2008 for further directions. On 25.8.2008, petitioner could not present himself in the court and learned trial court observed that now DNA test is not required, as apparently the petitioner is not interested in SBCrMiscPet No.1365/08- Lal Singh v. State of Raj & ors Date of order:12.05.2009 2 of 2 DNA test. On the contrary, the petitioner moved an application on 09.9.2008 in the trial court and submitted that on account of illness, he could not present himself in the court on 25.8.2008 and therefore, DNA test as per order dated 13.8.2008 be get done. Learned trial court vide order dated 09.9.2008, held that no order is required to be passed on the application as order has already been passed. As per order dated 13.8.2008, learned trial court held that DNA test is necessary for disposal of the case. In such circumstances, if on account of illness petitioner could not reach to the court on 25.8.2008, it should not have been observed that petitioner is not interested in DNA test and also should not have observed that now DNA test is not required. For just decision of the case, DNA test is necessary and in such circumstances, trial court should have allowed the application dated 09.9.2008 and should have given further directions for DNA test. In these circumstances, the petition is allowed and the order dated 09.9.2008 is set aside. The trial court is directed to give necessary directions to the parties for getting their DNA test. [KISHAN SWAROOP CHAUDHARI],J. mma