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Instead, a division bench of Chief Justice V Gopala Gowda and Justice S K Mishra directed the Hyderabad-based Central Forensic Science Laboratory (CFSL) to furnish a DNA test report on the basis of blood samples available with it.
Genetic scientists of the CFSL had informed the High Court on Monday in an affidavit that blood samples of the fathers of both the children were required for a DNA study to give a conclusive report deciding the parents of the unclaimed baby girl.
Blood samples of Atmaja and another baby boy born in the hospital on the same day and the blood samples of their respective mothers were sent to CFSL in May for DNA test under the supervision of an official of the High court.
The contesting fathers, who both had staked claim over the boy, are now away from the state to earn their livelihood. While Susanta Mallick, who refused to accept the girl claiming that his wife had delivered a boy, is now in Dubai and Sukanta Mallick, who took the baby boy, is now in Kolkata.
Affidavits to this effect were filed in the High Court on Tuesday by their relatives saying it would not be possible to ask them to return to Cuttack to give their blood samples. The Division Bench, however, refused to accept both the affidavits and asked the CFSL scientists to draw a conclusion on the basis of the blood samples available with them.
