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.
11. It is the submission of learned Counsel for the Respondent that Section 53 Code of Criminal Procedure 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 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.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1186 of 2019 (Arising out of Special Leave to Appeal (Crl.) No. 5121/2018)
Decided On: 05.08.2019
Kathi David Raju Vs. The State of Andhra Pradesh and Ors.
Hon'ble Judges/Coram:
Ashok Bhushan and Navin Sinha, JJ.
Citation: AIR 2019 SC 3673:(2019) 7 SCC 769
