IMPORTANT POINT
DNA test should not be ordered unless its necessity was established by sufficient material.

JUDGMENT

ASHOK BHUSHAN,J.

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 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 Additional Junior Civil Judge for permitting conducting of DNA test on which impugned order was passed. The impugned order itself noted the following