State of A.P v. Malla Raji Reddy @ Sathenna
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Constitution of India art. 20(3)
Key paragraphs
- Para 22. This aspect of the case has been decided by the Apex Court in a decision in Smt. Selvi & Ors. V. State of Karnataka,[1] wherein it is held that results obtained through involuntary administration of either of impugned (i.e. the narcoanalysis technique, polygraph examination…
- Para 33. The Criminal Petition is devoid of merit and is, accordingly, dismissed. DRK ---------------- 16.7.2010 THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2623 OF 2008 Date: 16.7.2010 Between: State of A.P. rep. by the Public Prosecutor, High Court of A.P., Hyderabad And Malla Raji…
Judgment
Order
#1. This Criminal Petition is filed by the State under Section 482 Cr.P.C. to set aside the order dated
04.03.2008 in Criminal Revision Petition No.4 of 2008 on the file of the III Additional Sessions Judge, Karimnagar, to the extent of holding that upon consent of the accused, Narco Analysis Test shall be conducted.
#2. This aspect of the case has been decided by the
Apex Court in a decision in Smt. Selvi & Ors. V. State of Karnataka,[1] wherein it is held that results obtained through involuntary administration of either of impugned (i.e. the narcoanalysis technique, polygraph examination and the BEAP test) come within the scope of ‘testimonial compulsion’, thereby attractive the protective shield of Article 20(3) of the Constitution of India. Therefore, the impugned order does not suffer from any infirmities so as to call for interference by this Court.
#3. The Criminal Petition is devoid of merit and is, accordingly, dismissed. DRK ---------------- 16.7.2010 THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2623 OF 2008 Date: 16.7.2010 Between: State of A.P. rep. by the Public Prosecutor, High Court of A.P., Hyderabad And Malla Raji Reddy @ Sathenna …Petitioner …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2623 of 2008
16.7.2010 [1] 2010 (4) SCALE 690
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.