( 1 ) THE question to be determined in this petition under Section 482 Cr. P. C. is whether the accused should be compelled to undergo Narco Analysis and Brain mapping test against his wishes ?

( 2 ) THE accused is on bail and he is facing charge (in Criminal Case No. 10439 of 2008)under Sections 302, 120-B Indian Penal code.

( 3 ) THE Magistrate rejected the application of the investigating agency seeking permission to conduct Narco Analysis and Brain mapping Test on the accused. ( 4 ) THE prosecution filed a revision (No. 414 of 2008) before the Sessions Judge, which was allowed by order dated 24-12-2008 and permission for conducting Narco analysis and Brain Mapping test was granted.

( 5 ) I have heard Sri Satyendra Kumar singh and Sri I. B. Singh, counsels for the applicant and Sri D. K. Misra, Additional government Advocate for the State.

( 6 ) THE learned Sessions Judge has written a very exhaustive and elaborate judgment. He has referred to two cases, one of the Gujarat High Court, Santokben sharmanbhai Ladeja v. State of Gujarat 2007 Cri L. J 4566 and the other of Chennai high Court, Dinesh Dalmia v. State 2006 cri L. J 2401, where permission for Narco analysis and Brain Mapp

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