Telangana High Court
Sayaveni Suresh Babu Suresh Yadav vs The State Of Telangana on 18 January, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.524 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/accused to quash the notice dt.16.12.2022 issued under Section 91(a) of Cr.P.C., whereby the Inspector of Police investigating the crime for the offence of rape and cheating which was filed by the 2nd respondent.
2. Heard. Perused the record.
3. The Prl.Junior Civil Judge by order dated 06.05.2022 refused the requisition filed by the Police for the purpose of directing the petitioner to undergo potency test. Suppressing the said order of the learned Magistrate, according to the counsel, notice under Section 91(a) of Cr.P.C. is issued.
4. Learned Counsel for the petitioner submits that the petitioner is not disputing his being potent and it is not his defence that he is impotent.
5. In the said circumstances, the question of undergoing the potency test does not arise, when the petitioner himself is claiming 2 to be potent. Further refusing to undergo potency test, an adverse inference can be drawn by the prosecution that the accused is potent.
6. Notice under Section 91(a) of Cr.P.C. cannot be issued to an accused to undergo test of potency.
7. Accordingly, the Criminal Petition stands allowed and notice dt.16.12.2022 issued under Section 91(a) of Cr.P.C. issued by the Rajendranagar Police Station, Cyberabad, is hereby set aside.
Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date:18.01.2023 tk 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.524 OF 2023 Dt. 18.01.2023 tk