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AFTAB ALAM, RANJANA PRAKASH DESAI
RITESH SINHA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
Yes, notice to the accused is required.
The legal document details a scenario where police filed an application before the Chief Judicial Magistrate seeking to summon the appellant for recording a voice sample during investigation. The Magistrate issued summons directing the appellant to appear before the investigating officer and provide the voice sample. [1000521560001] (!)
Under the relevant provisions interpreted in the judgment, such as Section 5 of the Identification of Prisoners Act, a Magistrate may make an order directing a person to allow measurements (including voice sample) to be taken for investigation purposes, specifying the time and place, after which the person "shall be produced or shall attend." This process necessitates issuance of summons as notice to ensure compliance. [1000521560022] (!)
Similarly, where Section 53 of the CrPC is invoked for examination affording evidence, the framework supports directions that require the accused's attendance, implying notice via summons. [1000521560046] (!)
The procedure followed—police application leading to summons—confirms that notice to the accused is integral to directing appearance for voice sample during investigation, balancing investigative needs with procedural fairness. No provision permits such a direction without notifying the accused to attend. [1000521560001]
JUDGMENT
(Smt.) Ranjana Prakash Desai, J.-Leave granted.
2. On 7/12/2009, one Prashant Kapil, In-charge, Electronics Cell, P.S. Sadar Bazar, District Saharanpur lodged a First Information Report alleging that one Dhoom Singh in connivance with the appellant was collecting money from people on the pretext that he would get them recruited in the police department. After his arrest, one mobile phone was seized from Dhoom Singh. As the police wanted to verify whether the recorded conversation, which is in their possession, is between accused Dhoom Singh and the appellant, they needed voice sample of the appellant. The police, therefore, filed an application before learned Chief Judicial Magistrate, Janpad Saharanpur, praying that the appellant be summoned to the court for recording the sample of his voice. On 8/1/2010, learned Chief Judicial Magistrate, Saharanpur issued summons to the appellant to appear before the investigating officer and give his voice sample. The appellant approached the Allahabad High Court under Section 482 of the Code of Criminal Procedure, 1973 (for short, “the Code”) for quashing of the said order. The High Court by the impugned order dated 9/7/2010 rejected
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