Virendra Sharma vs State Of Rajasthan
2021 Latest Caselaw 17717 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

S.B. Criminal Misc(Pet.) No. 3500/2021

Virendra Sharma

----Petitioner Versus State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Sudhir Saruparia For Respondent(s) : Mr. Andaram Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/11/2021

By way of the instant petition a challenge has been made to

the order dated 22.06.2021 passed by the ACJM, Sujangarh,

District Churu in connection with FIR No.135/2021 registered at

CPS, ACB, Jaipur whereby the application filed by the prosecution

agency for taking the voice sample of the accused, was allowed.

Mr. Sudhir Saruparia, learned counsel for the petitioner

submits that the order impugned is violative of the fundamental

right of the petitioner guaranteed under Article 20(3) of the

Constitution of India as an accused cannot be compelled to give

evidence against himself. He, therefore, prays that direction, as

given by the learned court below regarding taking voice sample of

the petitioner; be quashed and set aside.

Per contra, learned Public Prosecutor opposed the

submissions made by the learned counsel for the petitioner.

Heard, perused the impugned order wherein an order

directing an accused to give his voice sample for the purpose of

voice spectographic test has been passed. In view of the judgment

(2 of 2) [CRLMP-3500/2021]

passed by the Hon'ble Supreme Court in the case of Ritesh Sinha

Vs. State of Uttar Pradesh reported in 2019 (8) SCC Page 1 such

an order can be made by the court during the course of

investigation. Thus, no error has been committed by the learned

ACJM, Sujangarh in the order impugned. Hence, the petition is

devoid of force and the same deserves to be dismissed.

Accordingly, this Cr. Misc. Petition is hereby dismissed.

The stay application also stands disposed of accordingly.

(FARJAND ALI),J

112-Arun/-

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