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High Court of DelhiW.P.(CRL)/3306/2017

Jagdish Prasad & ANR v. The State Govt Of NCT Of Delhi & ANR

2017-11-24Hon'Ble Ms. Justice Pratibha Rani3 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + JAGDISH PRASAD & ANR ..... Petitioners Through:

Mr.Rahul Kumar Singh, Advocate.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.R.S.Kundu, ASC for the State/ R-1 and R-2.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 24.11.2017 Crl.M.A. No.19449/2017 1.

Exemption allowed subject to all just exceptions. 2.

Application is disposed of.

1.

The petitioners have filed the instant writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. praying for quashing the notice dated 6th November, 2017 issued to the petitioner No.2 by respondent No.2 for their polygraph test.

2.

Heard.

3.

The two separate notices dated 6th November, 2017 under Section 160 Cr.P.C. issued to the petitioners have been placed on record at page Nos.58

and 60 and English translated copy of which are placed at page Nos.59 and 61 reads as under:- 'Notice U/s 160 Cr.P.C.

To Smt.Meera W/o Sh.Jagdish Prasad, R/o Jhuggi No.38, road No.77, Mahatma Gandhi Camp, West Punjabi Bagh, New Delhi.

You are hereby directed to appear in the Court of Hon'ble Ms.Saumya Chauhan, MM Tis Hazari Court, Room No.341, with any male member of your family to give your consent for polygraph test (Lie Detector Test) on 8.11.2017 at 2.00 pm.

'Notice U/s 160 Cr.P.C.

To Sh.Jagdish Prasad, R/o Jhuggi No.38, road No.77, Mahatma Gandhi Camp, West Punjabi Bagh, New Delhi.

You are hereby directed to appear in the Court of Hon'ble Ms.Saumya Chauhan, MM Tis Hazari Court, Room No.341, to give your consent for polygraph test (Lie Detector Test) on 8.11.2017 at 2.00 pm.'

'

4.

Since petitioners have been served with a notice directing them to appear in the Court to give their consent for polygraph test, it is for them to respond to the notice and either to express their willingness to undergo the test or to refuse for the same.

5.

No direction is required to be issued by this Court in exercise of writ jurisdiction.

6.

The writ petition is dismissed.

Crl.M.A.No.19448/2017 (Stay) Dismissed as infructuous.

PRATIBHA RANI, J.

NOVEMBER 24, 2017 'st'