In the case of KATHI DAVID RAJU VERSUS THE STATE OF ANDHRA PRADESH & ANR, an appeal has been filed against the judgment dated 04.06.2018 dismissing the application under Section 482 of the Code of Criminal Procedure (Cr.P.C.) filed by the appellant for quashing the order dated 22.01.2016 passed by the Additional Junior Civil Judge, Bapatla. The High Court by the impugned judgment has dismissed the application under Section 482, Cr.P.C. In this case Respondent No.2 filed First Information Report dated 06.01.2016 under Sections 465, 468, 471 and 420 IPC against the appellant.
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. It was further alleged that the appellant on the basis of caste certificate obtained employment and working as Additional Assistant Engineer in V.T.P.S. Electricity Generation Corporation. The original name of the appellant is ‘Immadabathina Veeranjaneyulu s/o Venkata Kotaiah’. The appellant has changed his name as ‘Kathi David Raju son of Yedulcondalu’. It is further pleaded that two children of the appellant had also obtained fake caste certificate of ‘Yanadi’ caste.
On the basis of FIR, the appellant was arrested on 11.01.2016 and sent for judicial remand. On 13.01.2016, an application was filed before the Additional Junior Civil Judge, Bapatla requesting that the Court may direct conducting of DNA test of the appellant, the mother of the appellant and the two brothers of the appellant. The Additional Junior Civil Judge by order dated 22.01.2016 directed for conducting DNA test at the request made by the Station House Officer (SHO), Bapatla Town Police Station. Aggrieved by the order dated 22.01.2016 passed by the Additional Junior Civil Judge, an application under Section 482, Cr.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.
The Supreme court after hearing the matter held “In result, we allow the appeal, set aside the impugned judgment and order passed by the High Court as well as the order of the Additional Junior Civil Judge dated 22.01.2016. It shall, however, be open for the Court concerned to consider the request for conducting DNA test on there being sufficient materials on record to take any such decision. The appeal is allowed to the above extent.”