Neutral Citation No. - 2025:AHC:64646 Court No. - 79 Case :- CRIMINAL REVISION No. - 2709 of 2024 Revisionist :- Raj Pal Saini Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. The present criminal revision has been moved with prayer to allow the present revision and set aside the impugned judgment and order dated 19.02.2024 passed by the learned Additional Principal Judge, Family Court No.2, Muzaffar Nagar in Case No.535 of 2020, under Section 125 Cr.P.C. (Kartik vs. Raj Pal Saini), Police Station Jansath, District Muzaffar Nagar. It is submitted by learned counsel for the revisionist that in this case the revisionist is father of illegitimate child/opposite party no.2. There was no legal marriage between the revisionist and mother of opposite party no.2 but there was a Case u/s 376 I.P.C. in which the D.N.A. of the child/opposite party no.2, the revisionist and the mother of the minor child was got done and it was established on the basis of D.N.A. report that revisionist is father of the opposite party no.2. Further submitted that the D.N.A. report is fake and fabricated and has not been proved by the issuing authority in the evidence before the court, therefore, the same cannot be said to be sustainable in the eyes of law. The F.I.R. was lodged by the mother against the revisionist u/s 376 I.P.C. and the trial of which is still pending before the learned court of Session and the revisionist is hopeful for acquittal. He also submits that he is aged about 65 years and due to old age he is unable to earn anything and is dependent on his son, therefore, he is unable to make payment of maintenance. In the present case, no D.N.A. report was got done by the learned court but it was in criminal case. The order dated 19.02.2024 is based on that D.N.A. report which cannot be said to be lawful, therefore, request to set it aside and allow the revision. Learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist is father of the opposite party no.2 though illegitimate child as established on the basis of D.N.A. report which show that the revisionist is biological father of the child and the D.N.A. report is relevant and is admissible u/s 293 Cr.P.C. regarding which it cannot be said that without proving the report it cannot be read as evidence but it is admissible, as it has been given by the government scientific expert. On the other hand he contends that the proceedings u/s 125 Cr.P.C. are summary in nature and it does not require the proof to the extent of beyond reasonable doubt. Since, the revisionist is father of opposite party no.2 who is illegitimate child and is entitled for maintenance u/s 125(1)(b) Cr.P.C., therefore, he is under legal obligation to provide maintenance to the illegitimate child. Learned trial court has awarded Rs.3000/- per month as the amount of maintenance which cannot be said to be excessive. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, it appears that in this case there is D.N.A. report paper no.45kha/2 which shows that biological father of the illegitimate child is revisionist and it is admissible u/s 293 Cr.P.C. without requiring any proof. Learned trial court has based its judgment on the basis of D.N.A. report regarding the parentage of the revisionist which cannot be said to be illegal. According to Section125(1)(b) Cr.P.C. the illegitimate minor child is entitled for maintenance from his father. In this way, the revisionist is under legal obligation to maintain the illegitimate child and the amount of Rs.3000/- per month cannot be said to be excessive. Hence, there appears no any illegality or impropriety in the order passed by learned trial court but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed. Order Date :- 28.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad