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2023 Supreme(Del) 5722

AMIT BANSAL
Sanjiv Kumar – Appellant
Versus
The State Govt of NCT of Delhi – Respondent


Advocates appeared:
Mr. Vaibhav Sharma, Advocate, and Ms. Urvashi Sharma, Advocates, for the Appellant; Mr. Ritesh Kumar Bahri, APP for State, SI Vikrant, PS ARSC, Crime Branch.

JUDGMENT

Amit Bansal, J. - The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) impugning (i) the order dated 1st May, 2015 passed by the learned Magistrate, whereby the application filed on behalf of the prosecution for taking voice samples of the petitioner has been allowed and (ii) the order dated 5th May, 2017 passed by learned ASJ, whereby the appeal/revision filed by the petitioner against the aforesaid order of the learned Magistrate has been dismissed.

2. Notice in the present matter was issued vide order dated 23rd March, 2018 passed by the predecessor Bench. While issuing notice, the operation of the order dated 1st May, 2015, passed by the learned Magistrate was stayed and the aforesaid stay has continued till date.

3. Brief facts leading to the filing of the present petition are set out below:-

3.1. The present FIR No. 59/2015 under Section 120B of the Indian Penal Code, 1860 (IPC) and Sections 25/54/59 of the Arms Act, 1959 was registered against the petitioner on the basis of a 'technical surveillance', whereby the phone of the petitioner was intercepted. On the basis of the aforesaid FIR, the petitioner was arrested, along

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