IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 116 OF 2008 CRIMINAL WRIT PETITION NO. 116 OF 2008 CRIMINAL WRIT PETITION NO. 116 OF 2008 Smt. Maya Hargundas Kripalani ] .. Petitioner Versus 1. State of Maharashtra & 2 ors. ] .. Respondents Mr. M. Janardhanan for the petitioner. Mrs. A.S. Pai, APP, for the respondents. CORAM: S.B. MHASE & SMT.V.K. TAHILRAMANI, JJ. DATED: 20TH FEBRUARY, 2008 P.C. : 1. Heard. 2. The petitioner is the wife of the victim Hargundas Kripalani who is claimed to have been abducted on 26th May, 2007. The offence has already been registered. The anticipatory bail application is pending before the single Judge (D.G. Karnik, J.) of this Court bearing No.2219 of 2007. It is further submitted that the complainant has also filed a Writ petition bearing No.2429 of 2007 which is pending before the Division Bench of this Court (Bilal Nazki & S.A. Bobade, JJ.). : 2 : 3. In both these applications the State is claiming to conduct a narco-analysis test of the accused person and of the petitioner. Thus, the investigation is proceeding in it’s own direction. Under these circumstances, the petitioner has approached this court to trace her missing husband. In view of the fact that the investigation is proceeding, we do not find it necessary to issue such directions as have been claimed in prayer clause (a). The petitioner has also claimed in prayer clause (b) that the respondents No.2 and 3 shall not summon and act upon as against the petitioner and her relatives to submit themselves forcibly to narco-analysis test against their wishes and the said summons be declared ultra vires. This shows that the summons/notice has already been issued by the authorities of the State. The police are bound to enquire with the relatives and the relatives are also supposed to give every possible information and cooperate with the police for proper investigation of the crime. If the police find it proper to hold medical tests viz. polygraphic test, brain mapping and narco-analysis test of the witnesses in order to trace out the abducted person, the police, under their investigative powers, are entitled to do so. : 3 : 4. Therefore, we refrain to entertain the Petition. Insofar as prayer clause (b) is concerned, the Petition is rejected. Prayer of the petitioner to stay this order is also hereby rejected. Sd/- Sd/- [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [SMT.V.K. TAHILRAMANI, J.] [S.B. MHASE, J.] [S.B. MHASE, J.] [S.B. MHASE, J.]