By PTI
NAINITAL: A BJP MLA facing allegations of raping a woman and being the biological father of her daughter on Wednesday escaped for the time being from undergoing a DNA test aimed at proving the charge against him.
MLA Mahesh Negi from Dwarahat assembly segment got the temporary relief as Justice N S Dhanik of the Uttarakhand High Court recused himself from the bench hearing the lawmaker’s plea challenging a magisterial court’s order to him to undergo the test.
With Justice Dhanik recusing himself from the bench, the plea will now be referred to the chief justice of the high court who will subsequently assign it to some other bench and the MLA will not have to undergo the crucial test till then.
The Dehradun chief judicial magistrate had earlier ordered Negi to give his blood sample to forensic experts for his DNA testing but on the MLA’s plea, the high court had stayed the magisterial court’s order till the next hearing of his plea by it on Wednesday.
The high court had stayed the trial court’s order while seeking the stands of the alleged rape victim and the prosecution on the MLA plea.
The woman who has accused Negi of raping her has also alleged that he is the biological father of her daughter.
The case is being investigated at present by the Women’s Police Station, Srinagar, Garhwal.
The Dehradun CJM had ordered Negi to give his blood sample for the DNA test earlier and the MLA was to appear in the CJM’s court for sample collection.
But he had avoided to appear before the court citing ill health following which the court had set January 11 for the sample collection and ordered the Doon Hospital management to send its team for collecting the sample.
Negi, meanwhile, had approached the high court and was able to secure time till Wednesday which will now continue until the next hearing.
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