HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7818 OF 2010 Dated : 07.10.2010 Between : S.Pradhano … Petitioner-accused a n d The State of A.P. & another … Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7818 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) is filed by the petitioner-Accused seeking to quash the order, dated 24.06.2010, passed in Crl.M.P.No.266 of 2008 in S.C.No.118 of 2008 by the Assistant Sessions Judge, Sompeta. Heard. State filed the impugned petition under Sections 53 and 173 (8) Cr.P.C. requesting the Court to permit and direct to collect the blood samples from the accused, child victim and P.W.1 and to take further steps to conduct DNA test and to submit report under Section 173 (8) Cr.P.C. Operative portion of the impugned order runs as follows: “Considering the special circumstances of said case, the petitioner is permitted to conduct DNA Test by taking blood samples of Accused, P.W.1 and child of P.W.1 and to file report as per Section 173 (8) Cr.P.C. The Inspector of Police, Sompeta Circle (as Mandasa Police Station where the P.W.1 lodged a complaint will come under the jurisdiction of Sompeta Circle) shall collect blood samples from the said persons by issuing summons to them in the presence of Medical officers and Scientific Officers concerned and to take steps to conduct DNA Test and submit the report before this Court.” The order passed by the learned Sessions Judge is well in accordance with Law and based on various decisions of Apex Court and High Courts. This Court is of the considered view that when an order is passed following well settled propositions of law, the same cannot be interfered with. Obtaining of blood samples for the purpose of DNA test is not against the principles of Constitution and the same is settled by a Constitution Bench. Hence, this Court is not able to see any error in the impugned order to entertain the present petition and the criminal petition is liable to be dismissed. Accordingly, the Criminal Petition is dismissed. ________________________ JUSTICE RAJA ELANGO Dated : 07.10.2010 sur