""'•-^a j^I-HC—78 sn^rw R(-ii+ ^TSTT 3H^T ai^icb TS^ •^IWW<t, (S'Tfl'H'lfi, R<7»iyy ^Wv\{ sbNI* WI, 200 an^yr ^RRK (ij^ggsr) TCITWdfTO 311^1 SIN6LE B04CH: HON'BLE JFUSTICE OHIRB'I&RA MISHM W.P. flel N0.97/08 PETHIQN® Motiram Kot 5atnomi, Bemetora, ile, age 40 years, S/o Itwari Kosle, Villcge-Saungpur, P.5. Dadhi, Tehsil ^istrict-Our^ (C.@.) R/b Vs REspQNba-rrs 5. Shril &adH (c.e.) 6. Ku. Villade <»>)^<vtif^ilfltMf ^l^sl' •(.i^T^R ^i'sifipTsn^f 1. Sfat^ of Chhattisgarh, through the Home Secr^tary, &.K.5. Bhawan, Raipur (C.6.) 2. bisti(ict Magistrate, Collectorate, bisttfict Durg (C.6.) 3. Supe^intendent of Police, Oistrict burg y.e} 4. 5tat|on House Officer, P.5. E)adhi, Tehsil Bem4tara, t>istrict-t>urg. Resham, R/o Villqge-6aungptr, P.S. i, Tehsil Bemetora, &istrict-Dur9 fushpa, tS/o Viriial Satnami, R/o ll(^e-&aungpur, P.5. &adhi, Tehsil Bem^tara, bistrict-burg (C.6.). 27.2.2008 Dr. N.K. Shukla, Senior Advo^ate with Mrs. A. Sen ©upta,Advocate for the petitioner*. Mr. Ravindr'a Agar'wal, Ponel \J^Myer for respondent No.l to 4/State. Hecrd. The petitioner by this petiti^n under- Artiele 226 of the Constitution of India has prayed for following t-elief^:- -f.- i ^ /i€^\ 1. t ^• SC—J8 '%,. 'fe»»/''^1" g^cC rf)i<qi<»iA|, ^iTfl+f'ie, Rirtiyy KWcdl **<!* •W^ 200 ail^T ?il ft-fi.'* TT8TT •STt^T sfiHict) -w^ an^?r Traw (1pfy??) ?^)TWHft?r snt^r 2. Cdurt Cdurt whi<|h "7.1. TTiat, the Honl)le respondents for concji prosecutrix. 7.2. That, the Hon'ble reqaondents to provi<fe test be conducted. 7.3. Cost of the petition. 7.4. Any other relief faets and circumstanct From perusal of the petitio|i prosecution under Section 376 of connection with Crime No.42A)7 and charge sheet has already been ©rievanceof the petitioner) report allegin9 that the petitioner carrying pregnancy of six months. child since then. TTie petition^r Investigating Officer" for conducti^g ascertain the patemity of the mal4 prosecutr-ix hss revealed the name | of the said child. Respondent Mo.l to 4 in community pimchoyat and also the f< ren tlil^ct<fli tfi+idf ^fsT^ -(.faf-^.K ^STRnail^r may kindly be pleased to direct the uctirg the E>NA test of the child of the may kindly be pleased to direct the security to the child so that the DNA ftled this Hon'ble Court may deem fit in the ;s of the case" it oppears that the petitioner is facing |the Indian Penal Code (for short 'IPC') in jistered on the report of respondent No.6 I on 10.12.20)7. is that the prosecutrix has lodged the :ommitted rape with her as a result she is prosecutr'ix hcs already delivered o male submitted an application before the Deoxy-Ribonucleic Acid test (&NA) to child, os in the community panchayat the [of respondent No.S-Resham as the father their reply have admitted the factum of Fact that in the panchayot the prosecutrix Ttie ~"^.. "i... ':<*aiuiE'1^' SS!^V ^t K-U<h W SV^ sh4i+ t;l a<. A' Tses -^ww^, w-^\ww, \^^wy. IINyll Wt. 200, sn^yr 'VSSK ( 4<iit'jsi<w) has revealed that she is conceivind has also been cwerred that the ^ conducted on his own expenses i father of the child in question ad test conducted in a prosecution c the IPC <rt its cost. After hearirg learned considered opinion thot the ques1 petition pertains to defence of Thi Section 376 of the TfC, which is pi it is open to the petitioner to fite; to estab!ish his defence. However able to establish <my semblonce issuance of prerogative writ under subjecting &NA Test to the swd With the aforesaid observi of. °hT<lfel41'l TTTR?Tf '^^'f^St •<^t$R ^siffftisn^i six months pregnancy from one Resham. It ^titioner is at liberty to get the DNA test he wants to estoblish thot he is not the )d the State is not obliged to get the DNA jf offence punishable imder Section 376 of eou^isel for the parties, this Court is of the [ion raised by the petitioner in the instant t^ petitioner in his criminal prosecution under i^nding before the criminal coirt. Tlierefore. ^uitoble application before the criminal court' ^, learned counse! for the petitioner wos not of|legol right much less constitutiond right for lArticle 226 of the Constitution of India for m<|ile child born to respondent No.6. ^tions, the instant petition stands disposed Sd/- DhirendraMishra Judge