THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 1033 of 2009 ORDER: The present Criminal Petition is ﬁled by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in Crl.M.P.No.265 of 2000 in C.C.No.235 of 1999 on the ﬁle of the Judicial First Class Magistrate, Gudur. The accused is prosecuted for an oﬀence under Sections 493 and 506 of Indian Penal Code, 1860 (for short “IPC”) on the complaint given by the de facto complainant to the eﬀect that the accused had sexual intercourse with her and she became pregnant and a boy was born and in order to determine the paternity of the child born to the de facto complainant through the accused, it is necessary to direct the petitioner to go for D.N.A. test. Evidently, the oﬀence under Section 493 or 506 of IPC, which have been charged against the accused, have no relevancy with regard to the paternity of the boy. If the issue of paternity of the boy is to be decided, then the question of directing the accused to DNA test may arise. However, the complaint is that the accused is said to have illegal intimacy with the de facto complainant and had cohabitation, which can be proved by other evidence. So far as the delay is concerned, evidently, the provision under Section 53(2)-Explanation of the Criminal Procedure Code, 1973 has come into eﬀect with eﬀect from 23.06.2006 and thereafter only the present application is filed. However, taking into consideration the nature of the charge and also the nature of the evidence to be adduced, at this stage, DNA test to determine the paternity of the boy may not be necessary. Therefore, in view of the above circumstances, the order of the lower Court is set aside, however, the Court can also appreciate the objections raised by the accused for not undergoing the test in assessing the evidence. With the above direction, the Criminal Petition is allowed. ________________________ N.R.L. NAGESWARA RAO, J Date: 01-12-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 1033 of 2009 DATE: 01-12-2011 MR