REPORTABLE IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1186 OF 2019 (@ Special Leave to Appeal (Crl.)  No(s).  5121/2018)

KATHI DAVID RAJU                                   Appellant(s)

                               VERSUS

THE STATE OF ANDHRA PRADESH & ANR.          Respondent(s)

J U D G M E N T

ASHOK BHUSHAN,J.

Leave granted.

We have heard learned counsel for the parties.

This  appeal  has  been  filed  against  the  judgment  dated

04.06.2018 dismissing the application under Section 482 of the Code

of Criminal Procedure (Cr.P.C.) filed by the appellant for quashing

the order dated 22.01.2016 passed by the Additional Junior Civil

Judge,  Bapatla.   The  High  Court  by  the  impugned  judgment  has

dismissed the application under Section 482, Cr.P.C.  Brief facts

giving rise to this appeal are:

Respondent  No.2  filed  First  Information  Report  dated

06.01.2016 under Sections 465, 468, 471 and 420 IPC  against the

appellant.  The substance of the allegation in the FIR was that the

appellant has obtained a fake Scheduled Caste certificate of caste

‘Yanadi’ whereas he belonged to ‘Telanga’ caste.  It was further

alleged  that  the  appellant  on  the  basis  of  caste  certificate

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obtained employment and working as Additional Assistant Engineer in

V.T.P.S. Electricity Generation Corporation.  The original name of

the  appellant  is  ‘Immadabathina  Veeranjaneyulu  s/o  Venkata

Kotaiah’.  The appellant has changed his name as ‘Kathi David Raju

son of Yedulcondalu’.  It is further pleaded that two children of

the appellant had also obtained fake caste certificate of ‘Yanadi’

caste.   On  the  basis  of  FIR,  the  appellant  was  arrested  on

11.01.2016  and  sent  for  judicial  remand.   On  13.01.2016,  an

application was filed before the Additional Junior Civil Judge,

Bapatla requesting that the Court may direct conducting of DNA test

of the appellant, the mother of the appellant and the two brothers

of the appellant.  The Additional Junior Civil Judge by order dated

22.01.2016 directed for conducting DNA test at the request made by

the Station House Officer (SHO), Bapatla Town Police Station.   

Aggrieved  by  the  order  dated  22.01.2016  passed  by  the

Additional Junior Civil Judge, an application under Section 482,

Cr.P.C. has been filed by the appellant in the High Court praying

for quashing of order dated 22.01.2016 which has been dismissed by

the High Court by the impugned judgment.

Learned counsel for the appellant contends that the learned

Magistrate committed error in directing for conducting DNA test on

insufficient grounds and material.  The Investigation Authorities

have  not  completed  the  investigation  and  as  roving  and  fishing

enquiry,  they  cannot  be  permitted  to  conduct  DNA  test  on  the

appellant.  It is further submitted that respondent No.2 is claimed

to be an office bearer of fake association who due to personal ill-

will against the appellant has lodged FIR questioning the caste

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certificate of the appellant.  It is submitted that there is an

enactment viz. The Andhra Pradesh (SC, ST and BCs) Regulation of

Issue of Community Certificates Act, 1993 under which there is a

provision  for  cancellation  of  false  community  certificate,

provision of penalty and other relevant provisions.  The FIR lodged

by respondent No.2 was an act of malice and it was with an intent

to harass the appellant.   

Learned counsel appearing for the respondent submits that the

police authorities had rightly requested the Court for permitting

them to conduct DNA test since the allegations in the FIR have been

made  that  the  appellant  is  son  of  ‘Venkat  Kotaiah’  whereas  he

claimed to be son of ‘Yedulcondalu’.  It is also submitted that

Section 53 Cr.P.C. empowers the police officer to request for DNA

test.   

We have considered the submissions of the learned counsel for

the parties and perused the record.   

As noted above, the FIR was lodged on 06.01.2016 where the

allegation against the appellant was of obtaining a false caste

certificate of Scheduled Caste with a further allegation that he

originally belonged to ’Telanga’ caste.  The appellant was arrested

on  11.01.2016  and  on  13.01.2016  itself,  the  SHO  submitted  an

application  in  the  Court  of  Additional  Junior  Civil  Judge  for

permitting  conducting  of  DNA  test  on  which  impugned  order  was

passed.  The impugned order itself noted the following submission:-

“The learned APP submitted that the investigation not yet completed and material evidence yet to be collected and also police custody is required to complete the investigation.  Further contended that the DNA test in between the accused No.1 and mother of the accused No.1

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along with family members of the accused No.1 is most required to prove the blood relationship in between the accused NO.1 and mother of parental relatives of the accused NO.1.  Hence, the learned APP request the court to allow the petition for examine respondent /accused for DNA test.”

There can be no dispute to the right of police authorities to

seek  permission  of  the  Court  for  conducting  DNA  test  in  an

appropriate case.  In the present case, FIR alleges obtaining false

caste  certificate  by  the  appellant  by  changing  his  name  and

parentage.  The order impugned itself notices that investigation is

not yet completed and material evidence are yet to be collected.

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.   

It is the submission of learned counsel for the respondent

that 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

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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.

We,  thus,  are  of  the  view  that  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.

In  result,  we  allow  the  appeal,  set  aside  the  impugned

judgment and order passed by the High Court as well as the order of

the  Additional  Junior  Civil  Judge  dated  22.01.2016.   It  shall,

however, be open for the Court concerned to consider the request

for  conducting  DNA  test  on  there  being  sufficient  materials  on

record to take any such decision.

The appeal is allowed to the above extent.

......................J.                                   ( ASHOK BHUSHAN )

......................J.                                   ( NAVIN SINHA ) New Delhi, August 05,2019.

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