High Court of Rajasthan disposed of a criminal miscellaneous petition invoking Section 482 Cr.P.C. wherein petitioners sought brain mapping, fingerprinting, or polygraph tests of respondents. The court held such tests are unnecessary in matrimonial disputes unless the investigating officer is satisfied and dismissed the petition.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc(Pet.) No. 722/2021
----Petitioners
Versus
----Respondents
| For Petitioner(s) | : Mr. Jaipal Singh |
|---|---|
| For Respondent(s) | : Mr. Arun Kumar, PP |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
06/08/2021
In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
(2 of 2)
[CRLMP-722/2021]
The petitioners have preferred this misc. petition under Section 482 of Cr.P.C. claiming the following reliefs:-
"(i) The investigating authority may kindly be directed to conduct brain mapping, brain fingerprinting or lie detection / polygraph test of the respondent no.2 & 3; and
(ii) Any other order or direction, which this Hon'ble Court may deem fit and proper in the facts and the circumstances of the case may be passed in favour of the petitioner."
Heard learned counsel for the parties and perused the record of the case.
It is a matrimonial dispute and therefore, the tests like brainmapping, brain fingerprinting or lie detection / polygraph of the respondent no.2 & 3 are not required unless the concerned investigating officer is satisfied.
In view of the above, the present misc. petition is dismissed.
(DR. PUSHPENDRA SINGH BHATI),J.
82-Sudheer/-
1 issue framed by the court
Whether orders directing brain mapping, brain fingerprinting or lie detection/polygraph test are maintainable in a matrimonial dispute via Section 482 Cr.P.C.
Bhawani Singh S/o Shri Sugan Singh
Ratan Kanwar W/o Shri Bhawani Singh
Pooja Kanwar @ Gudiya D/o Shri Bhawani Singh
State
Poonam Kanwar @ Lavaniya Kanwar
Jagdish Singh
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
