The present petition has been filed by the petitioner under Articles 14, 21 and 226 of the Constitution of India and Section 482 of the Criminal Procedure Code challenging the impugned order passed by the respondent no.2 dated 24.07.2007.
In light of the observations of the Hon'ble Apex Court in a judgment in case of Smt. Selvi & Ors. Vs. State of Karnataka, reported in AIR 2010 SC 1974 laying down the guidelines in Para No.221 with specific direction that consent should be recorded by the Judicial Magistrate before any such test. Therefore, considering the above guidelines of the Apex Court, the present petition deserves to be allowed.
Accordingly, present petition stands allowed in terms of Para No.8B. The impugned order passed by the respondent no.2 dated 30.06.2007 at Annexure-V is hereby quashed and set aside. Rule is made absolute to the above extent.
Sd/-
(RAJESH H.SHUKLA, J.) /patil Top