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Criminal Lawyer: For DNA test permission cannot be given lightly by the trial court; SC.

Supreme Court of India

Justice Ashok Bhushan and Justice Navin Sinha

The SC {Kathi David Raju versus State of Andhra Pradesh and Another} holds that the police authorities do have right to seek permission of the court for conducting DNA test in an appropriate case. But the permission granted for conducting DNA test by the trial court in the present case was set aside by the SC.

In the present case, the Magistrate allowed the application of the police authorities and had granted permission for conducting DNA test on the appellant. The said order was upheld by the High Court. Setting aside the said order, it was held by the SC that the order granting permission of DNA test has not dealt with the crucial aspect that investigation is not yet completed and material evidences are yet to be collected by the police authorities. It was held that without being satisfied on material collected or conducting substantial investigation the police authorities have requested for DNA test, which is nothing but a step towards roving and fishing enquiry on a person, his mother, and brothers. It was further held that it is a serious matter which should not be lightly to be resorted to without there being appropriate satisfaction for requirement of such test. Accordingly, the order of the Magistrate granting permission for DNA test was set aside, and also of the High Court dismissing the petition u/s 482 Cr.P.C. of the appellant.

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