Criminal Misc. No. M-47007 of 2007 1 In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-47007 of 2007 Date of Decision: 9.12.2011 Udham Singh alias Kaka ... Petitioner Versus Central Bureau of Investigation ... Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. S.S. Dinarpur, Advocate for the petitioner. Mr. Ajay Kaushik, Advocate, Standing Counsel for the Central Bureau of Investigation, for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. praying that the impugned order dated 25.9.2007 (Annexure P4), passed by the Court of Special Judicial Magistrate (C.B.I.), Haryana, whereby the Central Bureau of Investigation (hereinafter referred to as “C.B.I.”) was granted permission to conduct Narco Analysis and Brain Mapping Tests of the petitioner in case arising out of FIR No. 160 dated 29.10.2002, registered at Police Station Radaur, District Yamuna Nagar, under Sections 452 and 302 IPC, be quashed. Mr. Ajay Kaushik, Advocate, appearing for the respondent, has submitted that in view of the authoritative pronouncement made by Criminal Misc. No. M-47007 of 2007 2 Hon'ble the Apex Court in Smt. Selvi & Others v. State of Karnataka & Others 2010 (2) Recent Criminal Reports 896, he cannot controvert the stand taken by the petitioner. However, he has submitted that the matter may be remitted back to the Court of Special Judicial Magistrate (C.B.I.), Haryana, to proceed therein in accordance with the dicta of law laid down in the aforesaid case. He has further submitted that it is quite possible that in the changed circumstances, the petitioner may himself volunteer for undertaking the above said tests, in case an opportunity is given to him. After hearing learned counsel for the parties, the impugned order (Annexure P4) is set aside. The matter is remitted back to the Court of Special Judicial Magistrate (C.B.I.), Haryana. As per the law laid in Smt. Selvi's case (supra), the petitioner cannot be compelled to self-incriminate himself, however, as stated by learned counsel for the respondent, fresh opportunity be granted to the petitioner/accused to give his option as to whether he volunteers himself to undertake the above said tests or not. The parties, through their learned counsel, are directed to appear before the Court of Special Judicial Magistrate (C.B.I.), Haryana, on 10.1.2012. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge December 9, 2011 “DK”