G. A. SANAP
Madanaiah Durgam Chinna Kande – Appellant
Versus
Kande Omkar Kande Madanaiah, Minor hence through his natural guardian mother Sau. Sandhya Rani Madanaiah Kande – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. The petition is heard finally by consent of the learned advocates for the parties.
2. In this criminal writ petition, filed under Articles 226 and 227 of the Constitution of India, challenge is to the order dated 16th November, 2021 passed by the learned Additional Sessions Judge, Chandrapur, whereby the learned Additional Sessions Judge allowed the revision filed by the respondent and quashed and set aside the order dated 26th March, 2021 passed by the learned Judicial Magistrate First Class, Rajura, District Chandrapur. The learned Judicial Magistrate First Class, Rajura by his order dated 26th March, 2021 was pleased to allow the application made by the petitioner at Exh.16 in MCA No.70/2014 and directed the petitioner and the respondent to undergo the DNA test at Regional Forensic Science Laboratory, Gourakshan Road, Dhantoli, Nagpur.
3. The facts relevant for the decision of this petition can be summarized as follows:
The respondent Master Omkar Kande (hereafter referred to as the “applicant”) through his mother and natural guardian Sau. Sandhya Rani Madanaiah Kande has filed an application under Section 125 of the Code of Cri
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