( 1 ) RULE. Mr. A. D. Oza learned PP waives formal service of Rule on behalf of the respondents.

( 2 ) WITH the consent of the parties the matter is taken up for final hearing.

( 3 ) HEARD the learned counsel for the parties.

( 4 ) PRESENT Revision Application is moved against the order dated 9. 2. 2004 passed by the learned Metropolitan Magistrate, Court no. 4, Ahmedabad allowing the applications preferred by the Investigating Officer dated 27. 1. 2004 and 30. 1. 2004 with reference to an offence registered with Shahibag Police station, Ahmedabad being CR-I 2 of 2004.

( 5 ) BOTH the petitioners, according to the case of the prosecution, are the original accused of the said offence punishable under Sections 376,342,338,234,323 read with Section 114 of the Indian Penal Code and Section 66 (l) (b) and Section 85 of the bombay Prohibition Act.

( 6 ) IT is prayed by both the petitioners that the order under challenge, granting both the applications preferred by the investigating Officer, Assistant commissioner of Police, F Division, ahmedabad City, Ahmedabad may be quashed. Alternatively, it is prayed that the petitioners may be permitted to engage dna Forensic Examiners