DEBI PROSAD DEY, J.

1. This application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure has been filed challenging the order dated November, 26, 2015 of Misc. Case No. 166 of 2009 passed by learned Judicial Magistrate, first court Purulia whereby and whreunder learned Magistrate has rejected the application of the petitioner for conducting the DNA test of the opposite party no. 1 to ascertain the parentage of the petitioner.

2. Affidavit of service reveals that opposite party no. 1 refused to accept the copy of the application along with annexure thereof. Learned Advocate for the State Mr. Ayan Basu is present. The factual matrix of the case under reference is that the mother of the minor petitioner lodged a complaint in writing with the Purulia (M) police station alleging that the opposite party no. 1 had promised to marry her and on the promise of such marriage allured her to cohabit with him on several occasions, as a consequence of which she became pregnant. The opposite party no. 1 however being aware of the pregnancy of the mother of the petitioner, refused to marry her and accordingly such written complaint was f