Polygraph Test

No charge sheet for 5 years. This is injustice . Why has the accused not gone for quashing u/s 482.?

It is indeed. For some reason, my friend's lawyers advise my friend that quashes are not given so easily. I am aware of the Bhajan Lal judgement. But my friend's lawyers feel that the courts exercise the quash option in the rarest of rare cases and say that when the charge sheet is filed, they will ask for discharge.

Do you have a view on the denial of results of the Polygraph Test ? Is there a law or some way my friend can force that out ?

Your friend's lawyer have choosen the right strategy. try to collect the Polygraphy report under RTI Act. It can also be obtained through court if the it is sent to court. Usually further developement in investigation is sent to court.

Hursha,

Using the RTI to find out the information will be useful, but you can also face the denial. In this view, just ask the concern court to get the information from CBI. Your friend can go for quashing on the basis of the first polygraphic report given by CID. 5 years is too long for chargesheet. Just apply for RTI and wait till you get the report.

Hi Hardik, My friend has tried the RTI route of obtaining the Polygraph results. They have denied him the information under Sec 8 h(i) of the RTI stating that sharing of such information will impede the investigation !! My friend has opted for Second Appeal. Separately, my friend asked another gentleman who is not related to the incident to try to obtain the results of the Polygraph test from CBI through RTI. However, CBI is refusing to give out any information. Actually, after they saw the RTI applications flying into their office, it was only then they registered the FIR in the court !!

 The polygraph test must have been done with the permission of the court and report also submitted to it. The accused has every right to get the copy of the report from the court.