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
- Whether DNA testing could be ordered before substantial investigation or collection of material establishing its necessity.
Held
- Police authority to seek DNA testing in an appropriate case was not disputed. The request here followed the FIR and arrest without substantial investigation, even while the prosecution acknowledged that material evidence remained to be collected. (¶ 9–11)
- DNA testing involving the accused, his mother and brothers was a serious matter. The Magistrate failed to identify investigative material supporting a conclusion that testing was necessary; permitting it in these circumstances amounted to a roving and fishing enquiry. (¶ 10–11)
- The High Court should have exercised its inherent jurisdiction to set aside the unsupported order. A later request could nevertheless be considered if sufficient supporting material became available. (¶ 12–13)
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.