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2023 Supreme(Jhk) 213

SANJAY KUMAR DWIVEDI
Manoj Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rohit, Advocate
For the Respondent:Mr. Jitendra Pandey, Mr. Vijay Kumar Roy, Advocate

JUDGMENT :

Heard Mr. Rohit, learned counsel for the petitioner, Mr. Jitendra Pandey, learned counsel for the State and Mr. Vijay Kumar Roy, learned counsel for the O.P. Nos. 2 and 3.

2. This petition has been filed for quashing of the order dated 04.04.2014 passed in Maintenance Case No. 318 of 2012 whereby the learned Principal Judge, Family Court, Giridih has allowed the petition dated 05.08.2013 filed by the O.P. No. 2 for DNA test of the petitioner and O.P. No. 3 in order to allegedly prove the legality and genuineness of the birth of O.P. No. 3 from the wedlock of the petitioner and O.P. No.2, pending in the Court of learned Principal Judge, Family Court, Giridih.

3. Mr. Rohit, learned counsel for the petitioner submits that O.P. No. 2 had filed the Maintenance Case No. 318 of 2012 on 16.10.2012 under section 125 of Cr.P.C. stating therein that she is married with the petitioner on 15.04.2011 according to Hindu religious custom and out of the said wedlock she had given birth to the O.P. No.3 on 12.07.2012. He submits that the petitioner had filed his show cause in Maintenance Case No. 318 of 2012 stating therein that the petition under section 125 of Cr.P.C. filed by the O.P. No.

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