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2025 Supreme(Online)(Kar) 25105

KARNATAKA HIGH COURT
MR. JUSTICE B M SHYAM PRASAD, J
MR RAMACHANDRA K S/O KEMPAIAH – Appellant
Versus
STATE OF KARNATAKA – Respondent
WRIT PETITION NO. 25521 OF 2025 (GM-POLICE)



Advocates:
For the Appellants/Petitioners: SRI. KRISHNA MURTHY N.
For the Respondents: SMT. K.P.YASHODHA

Court emphasized the necessity of obtaining judicial permission before subjecting an individual to polygraph and similar tests.

Headnote:The case involves an examination of the legality of a notice issued to the petitioner for participation in tests without necessary court permission. Per Articles 226 and 227 of the Constitution, the court found the notice to lack legal standing. The court emphasized the requirement of obtaining permissions prior to subjecting any individual to such tests. Therefore, the impugned notice was quashed while allowing the respondents to act according to the law as prescribed.

ORAL ORDER

The question for consideration is: whether this Court must intervene with the impugned notice dated 19.07.2025 [Annexure - A] issued by the second respondent. The context for this question could be in the following terms as is recorded by this Court on 04.09.2025.

"The petitioner, who has lodged a complaint against his estranged wife, is aggrieved by the impugned notice issued by the jurisdictional Police, Thyamagondla Police Station calling upon the petitioner to participate in Polygraph, Brain-mapping and Narco Analysis Test/s. This Court is of the prima facie view that the respondents must justify whether this notice could be issued without due permission from the competent Court, and that if such permission is obtained, the details thereof must be placed on record."

Mrs. K. P. Yashodha, the learned Additional Government Advocate when heard in the light of the afore, submits that she cannot contest that to subject any person for the tests as aforementioned, there must be necessary permissions from the Court and that this notice is issued in anticipation of the permission.

This Court is of the opinion that on this short ground, this Court must intervene and quash the impugned notice dated 19.07.2025 [Annexure - A] but without prejudice to the respondents to act in accordance with law. It is ordered accordingly.

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