Neutral Citation No. - 2025:AHC:113245 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 22632 of 2025 Applicant :- Bhupendra Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Yadav Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Suresh Yadav, learned counsel for the applicants, Sri N.K. Upadhyay, learned A.G.A. for the State-O.P. no.1 and perused the record. 2. The present application under Section 528 B.N.S.S. has been filed by the applicant praying for quashing impugned order dated 27.05.2025 passed by Additional District and Sessions Judge/Special Judge, POCSOAct and the trial court be directed to call for fresh DNA Report after collecting the blood sample from the newly born child and their biological mother and father. 3. In the instant matter, an FIR was lodged by O.P. no.2 against applicant no.1 on 18.03.2018 wherein it has been alleged that the daughter of the informant was being sexually exploited by his neighbour, Bhupendra Kushwaha on false promise of marriage. It is further averred in the FIR that all these facts came into the knowledge of the informant on 18.03.2018, when his daughter disclosed these facts at the time she gave birth to a child. After completion of investigation, I.O. has submitted chargesheet and summons were issued. During course of investigation, blood sample of the victim was collected by the I.O. and sent to Forensic Science Laboratory, Lucknow and DNA report came positive, which meant that the child was of the applicant. During course of the trial, Dr. Sandhya Gupta in her deposition stated that she has not collected the blood sample of newly born child for DNA. When the applicant came to know about this fact, he has moved an application on 02.03.2024 with a prayer to collect fresh sample from the newly born child in presence of Advocate Commissioner so that actual parentage of the child may be deduced. This application has been rejected by the court below vide order dated 27.05.2025, which has been assailed by means of the present application. 4. Learned counsel for the applicant submitted that in the DNA test blood sample of the newly born child was not taken, hence, the DNA test is incorrect and that is why the applicant has preferred the application seeking DNA test again, which has wrongly been rejected by the Court below. 5. Per contra, learned A.G.A. vehemently opposed the application and contended that the DNA test has already been carried out, which has been found positive. He submitted that the instant application has been filed only to harass the victim and prolong the trial. 6. Heard learned counsel for the parties and perused the record. 7. Apparently, the instant application seems to have been filed with an intention to delay the trial and harass the victim. On careful and cautious perusal of the impugned order dated 27.05.2025, it appears that the same has been passed on merits and reason for rejecting the application filed by the application has been specifically recorded by the trial court. The court below has held that in the trial even defence witness has been closed and there was no reason to order for DNA test again as the DNA report was already on record, which shows that the applicant is the father of the newly born child and the grounds taken by the applicant in his application were found baseless. As such, I find that the impugned order is a reasoned order and suffers from no illegality or infirmity. This application is bereft of merits. 8. The instant application is, accordingly, dismissed. Order Date :- 15.7.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad