1. This is a petition praying to set aside the order dated 18.6.1997 made in M.P. No. — of 1997 in M.C. No. 10 of 1996 on the file of learned Judicial Magistrate No. 2, Sankari.

2. The petitioner is the husband. The first respondent is the wife. The second and third respondents are the children. The respondents in the year 1996 filed a petition for maintenance under Section 125 of Cr.P.C. against the petitioner.

3. On receipt of summons, the petitioner, the husband filed a counter before the lower Court admitting the marriage between himself and the first respondent and denying the paternity of the children, the respondents 2 and 3 herein through him. The said counter was filed in February, 1997.

4. On the eve of the commencement of the proceeding, the petitioner filed an application under Section 125(2), Cr.P.C. in April, 1997 before the lower Court with the prayer to direct the first respondent to take the respondents 2 and 3 to Madras and produce them before the concerned Medical Officer attached to Forensic Science Department for ascertaining the paternity of the children.

5. The said application was resisted by the first respondent by filing a counter stating that