# KATHI DAVID RAJU v. THE STATE OF ANDHRA PRADESH & ANR

- **Citation:** [2019] 10 S.C.R. 1046
- **Court:** Supreme Court of India
- **Decided:** 2019-08-05
- **Case number:** Criminal Appeal No.1186 of 2019
- **Bench:** Ashok Bhushan, Navin Sinha
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/kathi-david-raju-v-the-state-of-andhra-pradesh-anr-33104
- **Pages:** 5

## Headnote

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
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## Text

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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 the High Court praying for quashing of
order dated 22.01.2016 which has been dismissed by the High Court by
the impugned judgment.
6. 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 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.
7. 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.
8. We have considered the submissions of the learned counsel for
the parties and perused the record.
9. 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
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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 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."
10. 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 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 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.
 KATHI DAVID RAJU v. STATE OF ANDHRA PRADESH
[ASHOK BHUSHAN, J.]
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12. 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.
13. 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.
14. The appeal is allowed to the above extent.
Kalpana K. Tripathy
 Appeal allowed.