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2022 Supreme(Guj) 837

ASHOKKUMAR C. JOSHI
Poonam Madha Parmar – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Applicant : Mr. Virat G. Popat.
For the Respondent: Mr. Mitesh Amin, PP with Ms. Jirga Jhaveri, APP.

JUDGMENT :

1. Rule.

2. This revision application under Sections 397 and 401 read with Section 482 of the Criminal Procedure Code, 1973 (CrPC) is filed by the applicant - original accused assailing the order dated 01.02.2021 passed in Criminal Revision Application No. 1/2021 by the learned 6th Additional Sessions Judge, Khambhat, whereby, the said application, filed at the instance of the respondent herein - State, came to be allowed. By the said order, the learned Sessions Judge set aside the order dated 23.12.2020, passed below Exh. 99 in Criminal Case No. 129/2017, by the learned Judicial Magistrate First Class, Tarapur by which, the learned Magistrate had rejected the application filed by the respondent - State for further investigation under Section 173(8) CrPC by taking voice sample of the applicant - original accused and get the same analyzed.

3. Shearing off the unnecessary details, the facts are that an FIR being II-C.R. No. 3001 of 2014, registered with Tarapur Police Station, District: Anand for the offences punishable under Sections 504 and 506(2) of the Indian Penal Code, 1860 (IPC) is filed against the present applicant, for which, Criminal Case No. 129 of 2017 is registe

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