THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2361 OF 2011 DATED 28th NOVEMBER, 2011. BETWEEN : Pandi Venkata Rao @ Krishna .. Petitioner-A.3 and The State of A.P. ..Respondent THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2361 OF 2011 ORDER: Petitioner-A.3 preferred the present Criminal Revision Case by invoking the provision under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved over the order dated 04.11.2011 passed in Crl.M.P.No.702 of 2011 in Sessions Case No.97 of 2010 by the learned Sessions Judge, Mahila Court, Vijayawada, whereby the learned Sessions Judge dismissed the application filed by the petitioner seeking to conduct NARCO Analysis Test over him to prove his innocence. Heard. Learned counsel for the petitioner vehemently contended that earlier, Prosecution obtained permission from the Court for conducting test over the petitioner, but due to technical reasons the same could not be conducted. As such, Prosecution cannot object for the same now. Per contra, the learned Public Prosecutor contended that administration of NARCO Analysis Test is illegal and unconstitutional and its results could not be admissible in evidence in view of the settled proposition of law that too when charge sheet is filed in the matter. This Court has meticulously gone through the entire material on record. Admittedly, in the present case charge sheet has been filed. In view of the guidelines of the Hon’ble Apex Court, relied by the learned Sessions Judge while passing the impugned order, the result of the tests are not admissible in evidence straight away. Thus, A.3 undergoing the test will be of no useful either to the prosecution or to the petitioner himself. The remedy available to the petitioner is to lead evidence before the trial Court and get an acquittal by adducing sufficient oral and documentary evidence and instead of exercising such a task petitioner is insisting for the test. Accused has no right to compel the prosecution to conduct NARCO Analysis Test and it can be preferred only at the choice of prosecution. Further, after filing of charge sheet the question of voluntary consent and the same leading to discovery of any fact does not arise. As such, even if the petitioner is administered with the test, its result is not admissible in view of Section 27 of the Evidence Act. Further more, in Crl.R.C.No.721 of 2010 this Court gave a finding that the said circumstances of innocence of the present petitioner can be considered at the time of trial and the trial Court may give appropriate weight to those circumstances. Considering all these aspects and also relying on the decisions rendered by Hon’ble Apex Court, the learned Sessions Judge dismissed the impugned application refusing to send the petitioner for NARCO Analysis Test, which according to this Court is well in accordance with law and needs no interference of this Court. Accordingly, the Criminal Revision Case is dismissed. Miscellaneous petitions filed in this revision, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Date : 28.11.2011 sur