Madhya Pradesh High Court
Raj Yadav vs The State Of Madhya Pradesh on 21 April, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:31550
1 WP-9261-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE HIMANSHU JOSHI
ON THE 21st OF APRIL, 2026
WRIT PETITION No. 9261 of 2026
RAJ YADAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Pramod Kumar Thakre - Advocate for the petitioner.
Shri Ajit Rawat - Govt. Advocate for respondents no.1 to 4 /State.
ORDER
Counsel for the petitioner fairly submitted that he wants to withdraw this petition with liberty an application at an appropriate stage before the concerned Court in the light of the order passed by the Hon'ble Apex Court in the case of Amlesh Kumar vs. The State of Bihar 2025 LiveLaw (SC) 674, whereby it has been held as under:-
"21. In view of the above exposition in Selvi (Supra), the third question is answered in the following terms:
The accused has a right to voluntarily undergo a narcoanalysis test at an appropriate stage. We deem it appropriate to add, that the appropriate stage for such a test to be conducted is when the accused is exercising his right to lead evidence in a trial. However, there is no indefeasible right with the accused to Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 22-04-2026 19:00:04 NEUTRAL CITATION NO. 2026:MPHC-JBP:31550
2 WP-9261-2026 undergo a narcoanalysis test, for upon receipt of such an application the concerned Court, must consider the totality of circumstances surrounding the matter, such as free consent, appropriate safeguards etc., authorizing a person to undergo a voluntary narco-analysis test. We deem it appropriate to reproduce and reiterate the guidelines issued in Selvi (Supra) in this regard as follows :
"265. The National Human Rights Commission had published Guidelines for the Administration of Polygraph Test (Lie Detector Test) on an Accused in 2000. These Guidelines should be strictly adhered to and similar safeguards should be adopted for conducting the "narcoanalysis technique" and the "Brain Electrical Activation Profile" test. The text of these Guidelines has been reproduced below:
(i) No lie detector tests should be administered except on the basis of consent of the accused. An option should be given to the accused whether he wishes to avail such test.
(ii) If the accused volunteers for a lie detector test, he should be given access to a lawyer and the physical, emotional and legal implication of such a test should be explained to him by the police and his lawyer.
(iii) The consent should be recorded before a Judicial Magistrate.
(iv) During the hearing before the Magistrate, the person Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 22-04-2026 19:00:04 NEUTRAL CITATION NO. 2026:MPHC-JBP:31550
3 WP-9261-2026 alleged to have agreed should be duly represented by a lawyer.
(v) At the hearing, the person in question should also be told in clear terms that the statement that is made shall not be a "confessional" statement to the Magistrate but will have the status of a statement made to the police.
(vi) The Magistrate shall consider all factors relating to the detention including the length of detention and the nature of the interrogation.
(vii) The actual recording of the lie detector test shall be done by an independent agency (such as a hospital) and conducted in the presence of a lawyer.
(viii) A full medical and factual narration of the manner of the information received must be taken on record."
2. Permission granted.
3. The petition is, accordingly, dismissed as withdrawn with aforesaid liberty.
(HIMANSHU JOSHI) JUDGE rv Signature Not Verified Signed by: REENA HIMANSHU SHARMA Signing time: 22-04-2026 19:00:04