The Uttarakhand high court on Monday stayed the order of a lower court for a DNA test of BJP MLA Mahesh Singh Negi who has been accused of rape and fathering an illegitimate child, the lawmaker’s counsel said.
The high court’s order came on a petition filed by the MLA challenging the order of a lower court in Dehradun last month ordering him to appear for DNA test.
While granting a stay on DNA testing for three days, the high court also decided to hear the matter on January 13, the MLA’s lawyer VBS Negi said.
A woman had accused Mahesh Negi of raping her for several years and fathering her daughter after which Negi and his wife were then booked for rape and criminal intimidation.
VBS Negi said the court has directed the state government and the complainant should get ready for their depositions and the matter would be heard on January 13.
Last month, the BJP MLA from Dwarahat constituency failed to appear before the Dehradun district and sessions court for DNA test sampling in the case citing ill health.
He had to appear before the court as per its order passed on December 18, 2020 in which it had pronounced that Negi and the complainant woman with his daughter should appear before it to provide their samples for DNA test to medical staff from Government Doon Hospital.
{{/usCountry}}He had to appear before the court as per its order passed on December 18, 2020 in which it had pronounced that Negi and the complainant woman with his daughter should appear before it to provide their samples for DNA test to medical staff from Government Doon Hospital.
{{/usCountry}}The complainant who is married had accused Negi of raping her for two years and fathering her child.
The Dehradun police had earlier submitted a charge sheet against the 30-year-old woman in an extortion and blackmailing case in which she was accused by Negi's wife of trying to extort ₹5 cr from him by threatening to frame the MLA in a rape case.
But after the woman’s accusations, Negi and his wife were then booked for rape and criminal intimidation.
The woman had demanded a DNA test of her child and Negi to prove her claims.
A case was registered on the same on September 5 on the directions of a local court in Dehradun where she had filed a petition.