G.S. AHUWALIA, J.

1. This petition under Section 482 of Cr.P.C. has been filed against the order dated 16.1.2009 by which it was directed that the blood samples of the applicant be recollected in the presence of the prosecutrix as well as a lady advocate who has standing of at least 10 years of practise for the purposes of sending the same for DNA test from any lab except the State Forensic Science Laboratory, Sagar.

2. The necessary facts for the disposal of this application lies in a narrow compass.

The prosecutrix had filed a complaint against the applicant alleging that she was subjected to rape on 22.7.2007. An order under Section 156(3) of Cr.P.C. was passed and the police after recording FIR started the investigation. During investigation the DNA test of the applicant was conducted and a report was received from the State Forensic Science Laboratory, Sagar that the DNA of the applicant does not match with the sperms found on the Petikot as well as vaginal swab of the prosecutrix. An objection was raised by the prosecutrix that as the applicant is financially sound, therefore, he has got the DNA test report managed. Accordingly, it was prayed that a fresh DNA test be c