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Supreme Court of India 2019-08-05 allowed

KATHI DAVID RAJU vs THE STATE OF ANDHRA PRADESH

Bench: 2 — Ashok Bhushan, Navin Sinha

In Brief

The appellant was arrested after an FIR alleging he obtained a fake Scheduled Caste certificate. Only three days after arrest, police sought a Court order for DNA testing of the appellant, his mother and brothers. The trial court granted the request, and the High Court upheld it. The Supreme Court allowed the appeal, holding that directing DNA testing without substantial investigation and material evidence constitutes an impermissible roving enquiry. The Court set aside both orders, noting that while police may request DNA testing under Section 53 Cr.P.C., the Court must ensure sufficient grounds exist. The matter was remitted for reconsideration if material evidence later emerges.

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Criminal Procedure DNA Testing Investigation Fishing Enquiry Caste Discrimination Evidence

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