1 FORMAT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2865 OF 2010 Anand Appa Kolpe and Anr. ... Applicants. V/s. The State of Maharashtra. ... Respondent. Pramod G. Kahane with Pravin More for the applicant. D.R.More, APP for the State. CORAM : B.R.GAVAI, J. DATED : 6th June 2011. P.C. : Rule. Rule made returnable forthwith. Heard by consent of parties. 2. By this application, the petitioner has challenged the order dated 30th December, 2009 passed by the Metropolitan Magistrate, Andheri allowing the application made by the investigating officer for permission to conduct Psychological Evaluation Test of the applicants- accused. 3. The applicants are original accused Nos.1 and 2 who were arrested in connection with C.R.No.469/2009 for the offence punishable under section 380, 381 read with section 34 of I.P.C. The crime is registered on the basis 2 FORMAT of a complaint of one Mr.Atul Gordia regarding theft of diamonds worth Rs.45 lakh. In the said case, an application came to be made by the investigating officer seeking permission to carry out brain mapping test of the accused. The said application was allowed. By the impugned order, the learned trial Judge has granted permission to conduct Psychological Evaluation Test of the accused. 4. Being aggrieved thereby, the applicants have approached this Court. 5. The Apex Court in the case of Selvi and others v. State of Karnataka, (2010) 7 SCC 263 has held that such a test violates the fundamental rights of the citizens guaranteed by Article 20(3) of the Constitution so also the rights guaranteed by section 161(2) of Cr.P.C. In that view of the matter, the impugned order is not sustainable in law. Rule is, thus, made absolute in terms of prayer clause (a). (B.R.GAVAI, J.)