Abdul Malik v. Bibi Husnara Khatun & ORS

07.7.2025 Sl. 9 Samarpita Court No.550

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction Appellate Side CRR 1672 of 2015 Abdul Malik Vs Bibi Hunsara Khatun & Ors.

1. None appears on behalf of the petitioner.

2. It appears from the record that administrative notice has been served upon the son of the petitioner, but none appears today to represent the petitioner.

3. From the record it is transpired that instant revisional application was filed against the order dated 12.3.2015, passed by the learned Additional Chief Judicial Magistrate, Islampur, District-Uttar Dinajpur in M. R. Case No. 67 of 2010, whereby the learned Judicial Magistrate rejected the application filed by the petitioner for DNA test to ascertain the paternity of the child in question.

4. I have gone through the order dated 12.3.2015 passed by the learned Additional Chief Judicial Magistrate, Islampur, District-Uttar Dinajpur, by which the learned Additional Chief Judicial Magistrate, Islampur, District-Uttar Dinajpur has refused to allow the prayer of the petitioner for the DNA test of the concerned child.

5. Learned Additional Chief Judicial Magistrate, did not find any exceptional circumstances to allow such prayer and in this regard he has discussed the relevant judicial decisions reported in AIR 2004 DELHI 205, AIR 1993 SC 2295 and also AIR 2006 BOMBAY 140 in support of such decisions.

6. I do not think that there is any illegality or irregularity in passing the order dated 12.3.2015. Accordingly, the order dated 12.3.2015 stands affirmed.

7. The instant revisional application being CRR 1672 of 2015 has no merit.

8. Accordingly, CRR 1672 of 2015 is hereby dismissed.

9. No order as to costs.

10. Interim order, if any, stands vacated.

11. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Apurba Sinha Ray, J.)