THE HON’BLE SRI JUSTICE J. SREENIVAS RAO

CRIMINAL PETITION Nos.1286 OF 2021

ORDER

This criminal petition has been filed aggrieved by the order

passed by the learned V Additional Sessions Judge, Karimnagar (‘trial Court’ for brevity) in Crl.M.P.No.374 of 2020 in Crime No.26 of 2019 permitting the police to produce the accused, LW1 and LW2 before F.S.L, Hyderabad for collection of blood samples and conducting D.N.A Profile and compare them for giving opinion regarding whether

the accused is biological father of LW2 or not.

2. Heard Ramachandar Rao Vemuganti, learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public

Prosecutor.

3. Learned counsel for the petitioner vehemently contended that the impugned order passed by the trial Court on 12.01.2021 is contrary to law. He further submits that the prosecution has to establish and prove the case beyond reasonable doubt and the prosecution is not entitled to file application for conducting D.N.A Test even before filing of the charge sheet and the same is contrary to law. In support of his contention, learned counsel relied upon the principal laid down

by the Hon’ble Apex Court in Gowtam Kundu Vs. State of West Bengal and another, (1993) 3 SCC 418 and the impugned order passed by the trial Court is liable to be set aside.

4. Learned Assistant Public Prosecutor submits that during the pendency of the criminal petition, the Investigating Officer after conducting investigation filed final report before learned Special Judge for Trial of Cases under SCs and STs (POA) Act, 1989 - cum - III Additional District and Sessions Court, Karimnagar on 15.07.2022 and in the final report, Investigating Officer requested the Court to send the A1 to D.N.A., profile test at FSL, Hyderabad, whenever the petitioner- accused present before the said Court. By virtue of the same cause in the present criminal petition does not survive and the prosecution will take appropriate steps in accordance with law before the trial Court in the pending proceedings.

5. Having considered the rival submissions made by respective parties and after perusal of the final report which was placed by the learned Assistant Public Prosecutor, it reveals that the Investigating Officer after conducting investigation had filed final report before the trial court on 15.07.2022. By virtue of the same, this Court is of the considered view that the order dated 12.01.2021 passed by the trial Court in Crl.M.P.No.374 of 2020 in Crime No.26 of 2019 is not enforeceable at this point of time and no further adjudication is required in the criminal petition. However, the petitioner is granted liberty to raise all the grounds which are pleaded in the present criminal petition and also the principal laid down by the Hon’ble Apex Court in Gowtam Kundu supra whenever the prosecution filed application before learned Special Judge for Trial of Cases under SCs and STs (POA) Act, 1989 - cum - III Additional District and Sessions Court, Karimnagar.

6. With the above directions, criminal petition is disposed of accordingly.

Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

______________________

J. SREENIVAS RAO, J Date: 07.11.2025 Note: Issue C.C. within two weeks.

BO. PSW