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2022 Supreme(SC) 1640

ANIRUDDHA BOSE, VIKRAM NATH
Inayath Ali – Appellant
Versus
State of Telangana – Respondent


Advocates appeared:
Mr. Shwetank Sailakwal, Advocate, Mr. Tanmaya Agarwal, Advocate, Mr. Wrick Chatterjee, Advocate, Mr. Ravindra Vikram Singh, Advocate, For the Appellant / Ms. Bina Madhavan, Advocate, Mr. S. Udaya Kumar Sagar, Advocate, Ms. Sweena Nair, Advocate, Mr. G. N. Reddy, Advocate, Mr. Ravi Shankar, Advocate, For the Respondent.

ORDER

1. Leave granted.

2. Heard learned counsel appearing for the parties. The present proceeding arises out of an FIR lodged by the defacto- complainant (respondent no.2) followed by chargesheet pertaining to offences under Sections 498A, 323, 354, 506 and 509 of Indian Penal Code, 1860 (the 'Code'). The FIR was made against the appellants, the appellant no. 2 being her husband and the first appellant being her brother-in-law (husband's brother). Having regard to the nature of controversy involved in this proceeding, we have avoided revealing her identity in this judgment and direct the Registry to mask her identity with 'XX'. Her complaint mainly related to dowry allegations as well as harassment and physical violence committed on her by her husband and her in-laws. The Trial Court had proceeded in the case and several witnesses were examined, when the complainant filed an application under Section 45 of the Indian Evidence Act, 1872 with a prayer for direction for obtaining expert opinion for DNA fingerprint test comparing blood samples of two minor daughters of the respondent no.2 with that of the first appellant. The basis of this application was her allegation that she was for

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