Criminal Procedure | Kathi David Raju v. State of Andhra Pradesh, Crl.A. No. 1186 of 2019 05-08-2019 SC

SUPREME COURT OF INDIA | Ashok Bhushan & Navin Sinha, JJ. Crl.A. No. 1186 of 2019 (@ Special Leave to Appeal (Crl.) No (s). 5121 / 2018 August 05, 2019

The Code of Criminal Procedure, 1973 - Sections 53 and 482 - The Indian Penal Code, 1860 - Sections 465, 468, 471 and 420 - DNA Test - Allegation in the FIR was that the accused has obtained a fake Scheduled Caste certificate by changing his name and parentage - The police authorities without being satisfied on material collected or conducting substantial investigation have requested for DNA test which is nothing but a step towards roving and fishing enquiry on a person, his mother and brothers. It is a serious matter which should not be lightly to be resorted to without there being appropriate satisfaction for requirement of such test.

Section 53 Cr.P.C empowers the police authorities to request a medical practitioner to conduct examination of a person. There cannot be any dispute to the provision empowering police authorities to make such a request. Present is a case where without carrying out any substantial investigation, the police authorities had jumped on the conclusion that DNA test should be obtained. It was too early to request for conduct of DNA test without carrying out substantial investigation by the police authorities. The Additional Junior Civil Judge also failed to notice that in the investigation conducted by the Investigating 4 Authority no such materials have been brought on the basis of which it could have been opined that conducting DNA test is necessary for the appellant on his mother and two brothers. Thus, the order passed by the Additional Junior Civil Judge dated 22.01.2016 was unsustainable. The High Court committed error in not setting aside the said order in exercise of its inherent jurisdiction under Section 482 Cr.P.C.

Petitioner's Advocate : Abhijit Sengupta