IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 82 of 2010()
1. ABDUL KHADER, AGED 56,
... Petitioner
2. ABDUL SALIM @ SALIM SAGHAVI,
3. ABDUL SAMAD, AGED 22,
4. AYOOB, AGED 31, S/O.MUHAMMED,
5. SUBAIR, AGED 41, S/O.ABDUL KHADER,
6. SABEER THANGAL, AGED 26,
7. MUHAMMED FIZAL, AGED 38,
Vs
1. DETECTIVE INSPECTOR,
... Respondent
For Petitioner :SRI.C.D.JOHNY
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :27/01/2010
O R D E R
P.BHAVADASAN, J.
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Crl.M.C No.82 OF 2010
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Dated this the 27th day of January 2010
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ORDER
This is a petition filed under Section 482 of Code of
Criminal Procedure seeking to have Annexure A3 order quashed.
In connection with a crime of offences punishable under Sections
452, 341 and 326 of Indian Penal Code, petitioners are intended
to be subjected to Polygraph Test. The present complaint is that
the Magistrate has allowed the petition without hearing the
petitioners.
2. The main grievance of the petitioners is that, it was
without giving an opportunity to them to put forward their
contentions before the Magistrate, the order was passed. They
say that that was not in accordance with law.
3. The order could have been passed only after
hearing them and after considering the contentions. In the result,
this petition is allowed, impugned order is set aside and the case
is remitted to the trial court to be disposed of in accordance with
law and in the light of the observations made above.
P.BHAVADASAN,
JUDGE
vdv