Case Note & Summary
The appeal arose from a judgment of the High Court of Andhra Pradesh dismissing the appellant's application under Section 482 CrPC for quashing an order dated 22.01.2016 passed by the Additional Junior Civil Judge, Bapatla, directing a DNA test of the appellant, his mother and two brothers. The appellant was accused in FIR No. Not mentioned dated 06.01.2016 under Sections 465, 468, 471 and 420 IPC for allegedly obtaining a fake Scheduled Caste certificate of 'Yanadi' caste while belonging to 'Telanga' caste, and for changing his name from 'Immadabathina Veeranjaneyulu s/o Venkata Kotaiah' to 'Kathi David Raju s/o Yedulcondalu'. The appellant was arrested on 11.01.2016. On 13.01.2016, the Station House Officer applied to the Magistrate for permission to conduct a DNA test. The Magistrate allowed the application on 22.01.2016. The appellant challenged this order before the High Court under Section 482 CrPC, which was dismissed. The Supreme Court heard the appeal. The appellant argued that the Magistrate erred in directing DNA test on insufficient grounds and that the investigation was incomplete, making the request a roving and fishing enquiry. The respondent argued that Section 53 CrPC empowers the police to request such a test. The Supreme Court observed that while the police have the right to seek permission for DNA test in appropriate cases, in the present case the investigation was not yet completed and no substantial material was collected. The request for DNA test was made too early, without any basis, and amounted to a roving and fishing enquiry. The Court held that the Magistrate's order was unsustainable and the High Court erred in not setting it aside. The appeal was allowed, setting aside both the High Court's judgment and the Magistrate's order. However, the Court clarified that it would be open for the concerned court to consider a request for DNA test if sufficient materials are placed on record in future.
Headnote
A) Criminal Procedure - DNA Test - Investigation - Section 53, Code of Criminal Procedure, 1973 - The police authorities sought permission for DNA test of the accused, his mother and brothers to prove blood relationship in a case of alleged fake caste certificate. The Supreme Court held that without carrying out substantial investigation and without any material on record, directing DNA test amounts to a roving and fishing enquiry and is unsustainable. The order was quashed with liberty to seek DNA test if sufficient materials are collected later. (Paras 1-5) B) Criminal Procedure - Inherent Powers - Quashing of Orders - Section 482, Code of Criminal Procedure, 1973 - The High Court erred in dismissing the application under Section 482 CrPC seeking quashing of the Magistrate's order directing DNA test. The Supreme Court set aside the High Court's judgment and the Magistrate's order, holding that the order was passed without proper satisfaction and was unsustainable. (Paras 4-5)
Issue of Consideration
Whether the Magistrate was justified in directing DNA test of the appellant, his mother and brothers at the stage of investigation without any substantial material on record.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment of the High Court and the order of the Additional Junior Civil Judge dated 22.01.2016. It was held that the order directing DNA test was unsustainable as it was passed without substantial investigation and amounted to a roving and fishing enquiry. However, it was left open for the concerned court to consider a request for DNA test if sufficient materials are placed on record in future.
Law Points
- DNA test cannot be ordered without substantial investigation
- Section 53 CrPC empowers police to request medical examination but not for roving enquiry
- Section 482 CrPC can be invoked to quash orders passed without proper satisfaction
