1. The first respondent herein has been facing prosecution under Section 376 of the Indian Penal Code (for short the 'IPC') in SC No.375/2009 before the Court of Session, Thodupuzha, on the allegation that he committed rape on a lady and impregnated her. The crime was registered after the birth of the child. Pending prosecution, the first respondent made an application before the trial court, to have the paternity proved by DNA test. The child was in fact, at that time, in the custody of the revision petitioner herein as de facto guardian. Without hearing the revision petitioner the trial court allowed Crl.M.P.No.4506/2011 filed by the accused, by order dated 21/01/2012, directing the Circle Inspector of Police, Kattappana to produce the Prosecutrix and her child for taking specimen for DNA test, before the Rajiv Gandhi Centre for Biotechnology, Thiruvananthapuram. The said order is under challenge in this revision.

2. On hearing both sides and on a perusal of the impugned order, I find that the impugned order is liable to be set aside. A similar case came up before this Court in the year 2008. In that case also the accused wanted DNA test in a prosecution alleging rape.