Gujarat High Court
Prakashbhai Devjibhai Gamit vs State Of
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt
PRAKASHBHAI DEVJIBHAI GAMIT....Applicant(s)V/SSTATE OF GUJARAT....Respondent(s) R/SCR.A/1298/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 1298 of 2013 ============================================================== PRAKASHBHAI DEVJIBHAI GAMIT....Applicant Versus STATE OF GUJARAT....Respondent ============================================================== Appearance: MR HR PRAJAPATI, ADVOCATE for the Applicant No. 1 MS H.B.PUNANI APP for the Respondent No. 1 ============================================================== CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 02/05/2013 ORAL ORDER
1. Heard learned advocate for the petitioner.
The petitioner who has been named as an accused in F.I.R. being C.R. No. I-201/2012 registered with Vyara Police Station for the offences punishable under Sections 376, 323, 506(2), 504 and 114 of I.P.C., has approached this Court with following prayers;
(a) Your Lordships be pleased to issue a writ of Mandamus or any other appropriate writ, order and/or direction and be pleased to direct the Investigating Officer to make suitable arrangements for DNA tests of the petitioner and victims through BioAxis Research Centre (P) Ltd. suitable at 13-51, Sri Lakshmi Nagar Colony, Besides Big Bazar, Near Kamineni Hospitals GSI Post BandalGuda (L B Nagar) Hyderabad-500068, Andhra Pradesh (India);
(b) Your Lordships be pleased to direct the Investigating Officer to make suitable arrangements for DNA tests of the petitioner and victims through BioAxis Research Centre (P) Ltd. suitable at 13-51, Sri Lakshmi Nagar Colony, Besides Big Bazar, Near Kamineni Hospitals GSI Post BandalGuda (L B Nagar) Hyderabad-500068, Andhra Pradesh (India) pending the admission, hearing and final decision of this writ petition;
(c) Your Lordshps be pleased to stay the further proceedings arising out of F.I.R. being C.R. No. I-201 of 2012 came to be registered with Vyara Police Station for the offences punishable under section 376, 323, 506(2), 504 and 114 of I.P.C. pending the admission, hearing and final disposal of this application;
(d) Your Lordships be pleased to issue grant such other and further relief/s, as are deemed fit, in the interest of justice;
(e) Your Lordships be pleased to dispense with filing of affidavit in support of this petition as the petitioner is in hospital and also not released on bail;
Learned advocate for the petitioner has contended that better and detail test is available at DNA laboratory situated at Hyderabad, as per his knowledge and the information available on Internet, also indicate that the paternity testing should be correctly done with appropriate method. To put in his own word, paragraph no.5 of the memo of petition deserve to be set out as under;
The petitioner respectfully states that DNA testing refers to the process of examining an individual s DNA markers for the purpose of genetic human identification and for determining the relationship between two people. It is important to note that DNA paternity tests are not currently 100% accurate. There are all chances of human error. It is always better to have second opinion in such kind of cases. The petitioner respectfully states that BDRC is the only DNA testing laboratory in India which provides DNA Paternity testing for 20 to 25 loci apart from 16 biomarkers paternity test. BioAxis DNA research center provides more safer and secure working with several Government departments like AP advanced products and services. BDRC Forensic team has experienced Police Department, AP Excise department, Orissa Police Department etc. and several FSLs for their training and service requirements. BIOAXIS DNA RESEARCH CENTRE has started with DNA Forensic and various DNA Identification services for Crime Detection and Human Identification. DNA testing and paternity test in India is covered in almost all cities including Ahmedabad, BDRC DNA testing laboratory is the first choice for DNA testing referral than any other DNA lab in India by most of the Doctors, Courts, Lawyers, Crime Agencies, Private Individuals, Animal labs, Agricultural labs, Biotechnology labs etc. in the Country. Annexed hereto and marked as Annexure B is a copy of some articles and materials taken out from the web side through internet.
Ms. H.B.Punani, learned APP vehemently opposed this petition and submitted that accused has no right whatsoever to guide and monitor the investigation nor I.O. is supposed to receive dictates from any quarter as he is sole custodian of his investigation under Section 53-A of the Criminal Procedure Code and this Court may, therefore, dismiss this petition.
5. The report as on date available, is mentioned in paragraph no.3 of the memo of the petition which read as under;
The petitioner respectfully states that in the DNA Examination Report dated 31.12.2012, it has been observed as under:-
From the above observations, it is concluded that STR profiles of Mr. Prakash Devaji Gamit (source of Ex.1 : blood sample) is consistent as biological father of the child (source of Ex.8, blood sample), Child of Ms. Dipika Ratanbhai Gamit (source of Ex.5, blood sample).
The DNA examination in question has been conducted by the Scientific Officer Cum Asstt. Chemical Examiner to Government of Gujarat, Regional Forensic Science Laboratory, Surat. Annexed hereto and marked as Annexure A is a copy of the DNA Examination Report dated 31.12.2012.
6. This Court is of the considered opinion that on account of a hunch nourished by the accused qua better testing facility available at another laboratory, the Court would not be justified in issuing any such direction which in my view would amount to interfering with the process of investigation, at this stage. Therefore, without going into any other elaborate discussion, the petition is required to be dismissed, as no case is made out for any interference and accordingly petition is dismissed.
(S.R.BRAHMBHATT, J.) Pankaj Page 4 of 4