IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.4420 OF 2006. APPLICATION NO.4420 OF 2006. APPLICATION NO.4420 OF 2006. Anil Waghu Khilare & Anr. ..Applicants. versus The State of Maharashtra. ..Respondent. .... Mr. U.P.Warunjikar, for the Applicants. Mr. J.P.Yagnik, APP, for the Respondent. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 13TH AUGUST,2008. : 13TH AUGUST,2008. : 13TH AUGUST,2008. P.C. 1. The learned APP on instructions of Shri V.B. Gujar, A.E.C., Crime Branch, Pune City, states that after passing of the impugned order, a charge sheet has been filed. He states that as the impugned order was not acted upon, if the Investigating Agency wants to carry out further investigation by subjecting the Applicants to Narco analysis test, brain mapping and polygraph tests, naturally permission of the concerned Court will have to be obtained. 2. In view of the fact that charge sheet has been filed and in view of the aforesaid statement made by the learned APP, the challenge to the impugned order need not be entertained at this stage. It is further made clear that all contentions which - 2 - are raised by the Applicants in this Application are expressly kept open and in the event, permission is sought for subjecting the Applicants to the aforesaid tests, it will be open for the Applicants to raise the said contentions while contesting the Application made by the Investigating Agency. 3. Subject to what is stated above, the Application is disposed of. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]