KATHI DAVID RAJU versus THE STATE OF ANDHRA PRADESH & ANR.

Citation: [2019] 10 S.C.R. 1046 · Decided: 05-08-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 10  S.C.R.
 KATHI DAVID RAJU
v.
    THE STATE OF ANDHRA PRADESH & ANR.
(Criminal Appeal No.1186 of 2019)
AUGUST 05, 2019
   [ASHOK BHUSHAN AND NAVIN SINHA, JJ.]
Code of Criminal Procedure, 1973:
s.53 – FIR alleging obtaining of false caste certificate –
During investigation, application by police for permission to conduct
DNA Test of the accused/appellant  and his mother and brother –
Civil Court directed conducting of DNA Test – Application u/s.482
Cr.P.C., seeking quashing of the order of Civil Judge, dismissed by
High Court – Appeal to Supreme Court – Held: Section 53 empowers
the police to make request for conducting DNA Test – But in the
present case, it was too early to request for DNA Test without
carrying out substantial investigation – Therefore, order of Civil
Judge was unsustainable.
Allowing the appeal, the Court
HELD:  Section 53 Cr.P.C empowers the police authorities
to request a medical practitioner to conduct examination of a
person.  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.  Therefore, 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. [Paras 11 and 12] [1049-F-H; 1050-A]
[2019] 10 S.C.R. 1046
1046
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CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No.1186 of 2019
From the Judgment and Order dated 04.06.2018 of the High Court
of Judicature at Hyderabad for the State of Telangana and The State of
Andhra Pradesh in Criminal Petition No. 12458 of 2017
V. Sridhar Reddy, Abhijit Sengupta, Advs. for the Appellant.
Mahfooz A. Nazki, Polanki Gowtham, Avinash Tripathi, Guntur
Prabhakar, Ms. Prerna Singh, Guntur Pramod Kumar,
Prashant Chaudhary, Advs. for the Respondents.
The Judgment of the Court was delivered by
ASHOK BHUSHAN, J.
1. Leave granted.
2. We have heard learned counsel for the parties.
3. 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:
4. 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 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
 KATHI DAVID RAJU v. STATE OF ANDHRA PRADESH
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SUPREME COURT REPORTS
[2019] 10  S.C.R.
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.
5. 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 t
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