ORDER

This petition under Section 482 of Cr.P.C. has been filed seeking quashment of order dated 16.09.2022 (Annexure-1) passed by Special Judge, POCSO Act, Panna in Special Case No.78/2021 (State of M.P., through P.S. Pawai, District Panna Vs. Devendra Pathak) for commission of offence under Section 376(2)(n) and 376(3) of IPC and Section 5J/6 and 5L/6 of POCSO Act and under Section 325 of SC/ST (POA) Act, whereby application under Section 311 of Cr.P.C. filed on behalf of the accused to summon Dr. Pradeep

Singh Porte, who had prepared DNA report has been dismissed.

In this case, petitioner is facing sessions trial for commission of aforesaid offences. Applicant/ accused challenged the correctness and genuineness of DNA report and for that purpose, he wanted to cross-examine Scientific Officer Dr. Pradeep Singh Porte who has prepared DNA report. Divisional Bench of this Court in Criminal Reference No.1/14 and Criminal Appeal No.3538/14, 1075/15, 3512/14 and 3598/14 In reference Vs. Ashok and Others have held that to safeguard the interest of culprit the persons who have collected crime related DNA samples and the DNA analyzed are required to be cross-examined effectively by their Adv