JUDGMENT :

1 Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Arun Kumar Tripathi, .learned counsel for the applicant, Sri Subhash Chandra Tiwari, learned counsel for the respondent no.4, learned A.G.A. for the State and perused the material available on record.

2. This application under Section 482 Cr.P.C. has been filed to quash the effect and operation of the impugned order dated 18.10.2022 passed by Additional Chief Judicial Magistrate-IX, Allahabad, in Case -State vs. Jijo C. George arising out of the First Information Report registered at Case Crime No.0070 of 2022, under Sections 376, 328, 323, 504 and 506 IPC, Police Station-Mutthiganj, District-Praygraj and the operation and effect of the order impugned dated 21.10.2022 passed by Sessions Judge/Special Judge (SC/ST Act), Allahabad, in C.N.R. No. UPAD01-013127-2022, whereby he allowed the application of the Investigating Officer concerned to proceed with blood test / DNA test of the applicant during investigation.

3. The applicant-Jijo C. George-feeling aggrieved by the aforesaid direction/order of the Magistrate has approached this Court invoking inherent powers of this Court in this matter wherein investigation is in progress and the applicant has been directed for undergoing DNA test.

4. In this case, a peep into facts of the case proceeds on line that an F.I.R. was lodged by the victim (opposite party no.2) that on 21.05.2022 referring to some incident that allegedly occurred on 05.12.2019 and onwards. The description in the first information report proceeds on to claim that the informant/prosecutrix was engaged in teaching profession at Ewing Christian College, Prayagraj. She was in contact with the present applicant-Jijo C. George and (also in teaching profession in ECC), he taking advantage of the situation invited her to a tea party at 11:00 a.m. on 05.12.2019 at his campus residence in the Ewing Christian College, where both the applicant and the respondent no.4 were working as Assistant Professors. It is a case of the prosecutrix that she went to the applicant's house and took tea but she felt giddy and became unconscious on account of some noxious substance mixed in the tea and administered upon her. When she became unconscious, the applicant forcibly committed rape upon her. Upon regaining consciousness, she found herself in critical position on bed and realized that her modesty was outraged, while she asked the applicant as to why he deceitfully invited her, he threatened and said to her that he has made a video clip of the incident and would inform about it to her husband and viral it in case any protest is raised. Due to which the prosecutrix became apprehensive and the applicant continued to blackmail her and continued to commit rape upon her at different places due to which she became pregnant.

5. As the F.I.R. proceeds further it divulges various details of subsequent events that led to the lodging of this first information report.

6. Background of the case may be looked into for proper appreciation of the case wherein offence of rape is allegedly committed by the applicant. In this case, the informant is 37 years of age, is presently posted as Assistant Professor in the department of English in Ewing Christian College, Prayagraj (hereinafter referred to as ECC), whereas the applicant presently 32 years of age, was stated to be 28 years of age at the time of the incident (05.12.2019), was also posted as Assistant Professor in the same department of ECC, Prayagraj. it is claimed that no medical examination of the prosecutrix was conducted in this case. It is case of the prosecutrix (opposite party no.4) that she was married to one Atul Stenali Harmit at Prayagraj according to the Christian Rites and Rituals. She is mother of the two children namely Anya Samara Harmit, aged about 5 years and Jeremi Allen Hermit, aged about 1-1/2 years old.

7. The applicant belongs to Kerala and he came over to Prayagraj for the first time in the year 2012 when