Miteshkumar Rajubhai Dataniya vs State Of Gujarat
2021 Latest Caselaw 3553 Guj

        R/SCR.A/1951/2021                                     ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 1951 of 2021

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                   MITESHKUMAR RAJUBHAI DATANIYA
                               Versus
                         STATE OF GUJARAT
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Appearance:
HARSH K RAVAL(9068) for the Applicant(s) No. 1,2
MR DIPEN K DAVE(3296) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 26/02/2021

                             ORAL ORDER

By way of present application, applicants have prayed to

quash and set aside the impugned order dated 22.01.2021 passed

by the learned 3 rd Additional Sessions Judge, Gandhinagar below

Exh.6 in Criminal Misc. Application No.8 of 2021 and have further

prayed to stay further proceedings thereto.

Heard learned advocate for applicants.

It is submitted by learned advocate for applicants that under

Article 20(3) of the Constitution of India, no person accused of any

offence shall be compelled to be a witness against himself. The

order directing applicants to provide voice sample is in violation of

Article 20(3) of the Constitution of India. In support of his

R/SCR.A/1951/2021 ORDER

arguments, learned advocate for applicants has relied upon the

judgment in the case of K. S. Puttaswamy (Privacy­9J) Vs. Union

of India reported in (2017) 10 SCC 1.

Issue requires consideration.

Hence, Notice for final disposal, returnable on 09.04.2021.

learned APP waives service of notice for and on behalf of the

respondent­State.

(B.N. KARIA, J) rakesh/