IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1162 of 2010()
1. K.M.KARUNAKARAN, AGED 63 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. VINOD S. NAIR, S/O. SADASIVAN NAIR,
For Petitioner :SRI.BIJU BALAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/04/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.1162 OF 2010
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Dated 6th April 2010
O R D E R
Petitioner is the accused in
S.T.724/2006 on the file of Judicial First
Class Magistrate-IX, Thiruvananthapuram
taken cognizance for the offence under
Section 138 of Negotiable Instruments Act
on a complaint filed by the second
respondent. Petitioner filed C.M.P.32/2009
to subject second respondent, the
complainant, to Narco Analysis test. It was
dismissed by Annexure-6 order. Petition is
filed under Section 482 of Code of Criminal
Procedure to quash Annexure-6 order and to
direct the Magistrate to send second
respondent for Narco Analysis and polygraph
test.
Crmc 1162/10
2
2. Learned counsel appearing for the
petitioner was heard.
3. Neither Narco Analysis nor polygraph
test is a substantive evidence. Petitioner is
not entitled to compel the complainant to
undergo Narco analysis test or polygraph test,
in a complaint filed by him alleging offence
under Section 138 of Negotiable Instruments Act.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.