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]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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