VidhiSangh

Supreme Court of India · 05/08/2019

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

[2019] 10 S.C.R. 1046 · 2019 INSC 861

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An order directing DNA testing of an accused and his alleged family members during investigation of an allegedly false community certificate was set aside as premature. Although police may seek DNA testing in an appropriate case, they had sought it before substantial investigation or collection of material demonstrating necessity. Such testing is a serious measure requiring an adequate factual basis, rather than a roving enquiry. A fresh request on sufficient material remained open.

Issues

  1. Whether DNA testing could be ordered before substantial investigation or collection of material establishing its necessity.

Held

Result

Appeal allowed to the stated extent; High Court judgment and Magistrate’s DNA-testing order set aside. Liberty retained for the competent court to consider a fresh request founded on sufficient material. No determination made of the underlying certificate allegations.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 1046.