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2022 Supreme(P&H) 2221

SUVIR SEHGAL
Mohit – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
Mr. Amit Goyal, Advocate for the petitioner. Ms. Mahima Yashpal, DAG, Haryana for the respondent-State.

JUDGMENT

Suvir Sehgal, J. (Oral) - Vide the instant revision petition filed under Section 401 of the Code of Criminal Procedure, 1973 (for short 'the Code'), the petitioner has challenged order dated 06.04.2022 passed by the learned Additional Sessions Judge, Sirsa, whereby on an application moved by the respondent-State, the petitioner has been directed to give his blood sample for conducting a DNA test in case FIR No.63 dated 19.12.2018 lodged for offences under Sections 354, 376(2) (n), 376-D, 451 and 506 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959 at Police Station Women, Sirsa.

2. Counsel for the petitioner has urged that the application seeking blood sample of the accused-petitioner has been moved after a lapse of more than three years of the conclusion of the prosecution evidence and is an attempt by the prosecution to fill up the lacuna in the prosecution case, which is at its fag end. He submits that the petitioner was subjected to medical examination immediately after the registration of the FIR and cannot be made to undergo the same process again that too without his consent in violation of Article 20 (3) of the Constitution of India.

3. Advance copy

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