ORDER :

1. The instant misc. petition has been preferred by the petitioner accused challenging the order dated 10.1.2023 passed by learned Additional Chief Metropolitan Magistrate No. 1, Jodhpur Metropolitan in relation to the FIR No. 655/2022 registered at the Police Station Kudi Bhagtasani, Jodhpur, whereby the application filed by the petitioner for having narco analysis, brain mapping and polygraph tests conducted upon the petitioner, has been rejected.

2. Brief facts of the case are that the complainant filed a written report on 13.11.2022 to the effect that on 26.09.2022 at about 6 PM, the petitioner forcibly entered into the house of the complainant and demanded sum of Rs. 60 lacs and on 12.11.2022, the accused petitioner threatened to kill him.

3. On the basis of this information, an FIR No. 655/22 was registered at the Police Station Kudi Bhagtasani for the offences under Sections 144 , 452, 386 and 387 I.P.C. and investigation commenced.

4. It is the case of the petitioner that he has been falsely implicated in this case and no such incident has happened. The complainant owed money from the petitioner which he had loaned her for purchasing crusher so also mining lease. The complainant party asked the petitioner to come home for clearing the debt. However, in order to grab the money, the complainant lodged this false and fabricated FIR against the petitioner.

5. In order to prove his innocence, he filed an application before the learned Additional Chief Metropolitan Magistrate NO. 1, Jodhpur Metropolitan with the prayer that he is ready and willing to undertake Narco Analysis, Polygraph test and Brain mapping and the Investigating Officer be directed to have the narco analysis, brain mapping and polygraph tests conducted upon the petitioner so that the truth of the matter could be brought out. The said application came to be rejected vide order dated 10.01.2023.

6. Learned counsel for the petitioner argued that when the accused himself volunteers to undergo the aforesaid tests, then in order to establish his innocence, the same can be permitted. He placed reliance on the observations made by the Hon'ble Apex Court in the case of Smt.Selvi v. State of Karnataka reported in AIR 2010 SC 1974 and contended that the Hon'ble Apex Court in the aforesaid case has held that a person cannot be compelled to undergo these tests as the techniques are violative of the right against self-incrimination. However, the Hon'ble Apex Court in the aforesaid case has approved that the lie detector test can be administered on the basis of the consent of the accused and an option should be given to the accused as to whether he wishes to avail such test. Learned counsel also placed reliance on order passed by co-ordinate Bench of this Court in the case of Moti ram v. State reported in (2013) 2 CriLR 1045 wherein, this Court permitted the accused for being subjected to narco analysis, brain mapping and polygraph test.

7. Learned counsel submits that Sections 53 & 54 of the Cr.P.C. empower a Magistrate to direct such examination of the accused and when the accused is himself volunteering for the examination, there is no reason to deny such a prayer. He thus prayed that the misc. petition be accepted and the Investigating Agency be directed to conduct the aforesaid tests upon the accused petitioner in the presence of his lawyer so that the truth of the matter can be brought on record.

8. Learned Public Prosecutor and the learned counsel appearing for the complainant vehemently opposed the arguments advanced by the learned counsel for the petitioner.

9. Heard learned counsel for the parties and perused the material on record.

10. Modern techniques like polygraph, nar