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MITALI THAKURIA
Rajeev Kumar Khanna, S/O Late Shri Lajpat Rai Khanna – Appellant
Versus
Central Bureau Of Investigation ACB – Respondent
JUDGMENT :
HONOURABLE MRS. JUSTICE MITALI THAKURIA
Heard Mr. D. Nandi, learned counsel for the petitioner. Also heard Mr. M. Haloi, learned Standing counsel, CBI for the respondent.
2. This application filed under Sections 397/401 of the Code of Criminal Procedure, 1973, praying for setting aside the impugned Order dated 03.08.2021 passed by the learned Special Judge, CBI, Guwahati in Misc. (CBI) Case No. 05/2020 arising out of Case No. RC 3(A)/2020-CBI-GWH.
3. The brief facts of the case is that; the present petitioner was posted as an EE, Assam Aviation Division CPWD, Guwahati at the time of alleged incident and at present he is posted at Chennai. On 18.03.2020, one Shri Rathin Talukdar contractor of CPWD and other Govt. agencies lodged a written complaint before the SP/Head of the Branch, CBI, ACB, Guwahati against the present petitioner alleging that he has recently completed a work c/o sentry post water supply and sanitary installation providing G.I. chain link fencing around T-V, T-III and T-II waters at Kendriya Vidyalaya campus, Tamulpur, Assam and a final bill amount to Rs.6,85,000/-(Rupees Six Lakhs Eighty-Five Thousand) only is pending. It is also alleged that another bill w
The collection of voice samples for forensic analysis, when conducted lawfully and with consent, does not violate the right to privacy or the principle against self-incrimination under the Constituti....
The main legal point established in the judgment is the admissibility of recorded conversation and the power of the Court to obtain voice samples of the witnesses under Section 91 of the CrPC.
The court upheld the legality of compelling a voice sample post-charge framing, reinforcing that such actions do not violate constitutional rights when properly ordered during investigations.
The court affirmed the authority of the court to order a person to give a sample of his voice for the purposes of investigation of a crime, and upheld the legality of such orders under Fundamental Ri....
The court ruled that compelling voice samples for investigation does not violate the right against self-incrimination under Article 20(3) of the Constitution.
Compelling a voice sample for investigation is lawful, even if the accused is not in custody, as privacy rights yield to public interest.
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