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Kathi David Raju v. The State of Andhra Pradesh

Criminal Appeal · 2019 INSC 861Decided 5 Aug 2019
Criminal Appeal No. 1186 of 2019
Justice Ashok Bhushan · Justice Navin Sinha

Background

A complainant filed an FIR alleging the appellant had obtained a fake Scheduled Caste ("Yanadi") certificate by changing his name and parentage, using it to secure a government engineering job, and that his children had similarly obtained fake caste certificates. After his arrest, the local police sought and obtained a magistrate's order directing a DNA test of the appellant, his mother, and his brothers to verify the alleged family/parentage links. The appellant's plea under Section 482 Cr.P.C. to quash this DNA-test order was dismissed by the Andhra Pradesh High Court, leading to this appeal.

Decision Breakdown

The Supreme Court held that while police do have power under Section 53 Cr.P.C. to request DNA/medical testing, this power cannot be invoked for a "roving and fishing enquiry" before substantial investigation has actually been carried out. It noted that the magistrate's own order acknowledged the investigation was incomplete and material evidence was yet to be collected, meaning there was no proper evidentiary basis to justify ordering such an invasive test on the appellant and his family members at that early stage. The Court held the magistrate's order was unsustainable and that the High Court erred in not quashing it, so it set aside both orders and allowed the appeal, while leaving it open for the trial court to reconsider a DNA test request later if sufficient material is actually gathered.

Lesson Learnt

Investigating authorities cannot use intrusive measures like court-ordered DNA testing of a suspect and family members as a shortcut before conducting proper investigation and gathering sufficient evidence: courts require a genuine evidentiary basis before authorizing such invasive steps.

Official source (sci.gov.in)View Judgment (PDF)

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