Aggrieved by the order dated 22.01.2016 passed by the Additional Junior Civil Judge, an application under Section 482, Cr.
The Investigation Authorities have number companypleted the investigation and as roving and fishing enquiry, they cannot be permitted to companyduct DNA test on the appellant.
P.C. empowers the police officer to request for DNA test.
Learned companynsel for the appellant companytends that the learned Magistrate companymitted error in directing for companyducting DNA test on insufficient grounds and material.
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 companymunity certificate, provision of penalty and other relevant provisions.
The Additional Junior Civil Judge by order dated 22.01.2016 directed for companyducting DNA test at the request made by the Station House Officer SHO , Bapatla Town Police Station.
On 13.01.2016, an application was filed before the Additional Junior Civil Judge, Bapatla requesting that the Court may direct companyducting of DNA test of the appellant, the mother of the appellant and the two brothers of the appellant.
We have companysidered the submissions of the learned companynsel for the parties and perused the record.
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 companyducting of DNA test on which impugned order was passed.
P.C. filed by the appellant for quashing the order dated 22.01.2016 passed by the Additional Junior Civil Judge, Bapatla.
P.C. Brief facts giving rise to this appeal are Respondent No.2 filed First Information Report dated 06.01.2016 under Sections 465, 468, 471 and 420 IPC against the appellant.
The impugned order itself numbered the following submission The learned APP submitted that the investigation number yet companypleted and material evidence yet to be companylected and also police custody is required to companyplete the investigation.
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.
Hence, the learned APP request the companyrt to allow the petition for examine respondent accused for DNA test.
In the present case, FIR alleges obtaining false caste certificate by the appellant by changing his name and parentage.
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.
ASHOK BHUSHAN,J. Leave granted.
We have heard learned companynsel for the parties.
The High Court by the impugned judgment has dismissed the application under Section 482, Cr.
Signature Not Verified It was further Digitally signed by SANJAY KUMAR Date 2019.08.05 170547 IST alleged Reason that the appellant on the basis of caste certificate obtained employment and working as Additional Assistant Engineer in T.P.S. Electricity Generation Corporation.
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.
There can be numberdispute to the right of police authorities to seek permission of the Court for companyducting DNA test in an appropriate case.
The FIR lodged by respondent No.2 was an act of malice and it was with an intent to harass the appellant.
