JUDGMENT

Arvind Singh Sangwan, J. - Prayer in this petition is for setting aside the order dated 26.02.2021, vide which the trial Court has allowed an application, filed by the prosecution, for taking blood sample of the petitioner for DNA test.

2. Learned counsel for the petitioner has argued that as per allegations in the FIR, the petitioner has committed rape on a minor girl and the FIR No. 151 dated 30.09.2020 was registered under Sections 363, 366-A, 376(3) of the IPC and Section 6 of the POCSO Act, 2012 at Police Station Sadar, District Hoshiarpur.

3. Learned counsel further argued that after the registration of the aforesaid FIR, the petitioner was arrested and during investigation, while conducting the medico-legal examination of the prosecutrix, her blood sample was taken and sent to FSL, Mohali but the FSL raised an objection that the blood sample of the accused be also sent to give a definite opinion.

4. Therefore, the prosecution moved an application before the trial Court seeking permission to get the blood sample of the petitioner/accused for sending the same to FSL, Mohali and the same was allowed, vide impugned order dated 26.02.2021. The operative part of the order rea