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Patna High CourtCR. MISC./50718/2019disposed

Md. Hasim @ Md. Hashim Ali v. The State Of Bihar

2019-08-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50718 of 2019 In CRIMINAL REVISION No.912 of 2017 Arising Out of PS. Case No.-233 Year-2006 Thana- LAHERIYASARAI District- Darbhanga ====================================================== MD. HASIM @ MD. HASHIM ALI S/o Late Md. Kasim R/o MohallaKaramganj, P.S.- Laheriasarai, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anguri Khatoon W/o Md. Hasim R/o Mohalla- Wakerganj, Abhanda, P.S.- Laheriasarai, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar Sinha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2019 This application has been filed for modification of the order dated 4.7.2019 passed in Cr.Rev.No. 912 of 2017 by which at the request, learned Sub-Divisional Judicial Magistrate, Darbhanga was directed to expedite the process of D.N.A. test. The background of the case is that vide order dated 6.12.2018 the revision application was dismissed directing the court below to conclude the process of D.N.A. test within a period of four months from the date of receipt/production of that order.

Learned counsel for the petitioner has submitted that learned SDJM once collected blood sample for DNA test thereafter again asked for collection of blood sample and the

Patna High Court CR. MISC. No.50718 of 2019(2) dt.14-08-2019 2/2 matter is still pending as SI of Lahariya Sarai Police Station has filed a petition dated 1.6.2019 praying therein to depute Executive Magistrate for recollection of blood sample from the petitioner.

In view of the order of this Court the blood sample has already been collected and sent by order dated 30.5.2019 passed by SDJM, as such as to why he has proceeded for taking blood sample again for DNA test and for that petitioner, if so advised, may file a petition before the SDJM, which shall be disposed of by a reasoned order giving reason for taking blood sample in second time and he will also expedite the submission of DNA test report.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T