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2023 Supreme(Ker) 485

RAJA VIJAYARAGHAVAN V.
Faizal K. V. , S/o. Late K. V. Beerankutty – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: M.P. Shameem Ahamed, Akhil Philip Manithottiyil.
For the Respondents: Sri. Vipin Narayan.

Judgement Key Points

Key Points: - The judgment holds that a Judicial Magistrate can be conceded power to order a person to give a voice sample for investigation until Parliament enacts explicit provisions, via interpretation under Article 142 (!) (!) (!) (!) . - It discusses the lack of explicit CrPC provisions and supports voice sample collection under Section 5 of the Identification of Prisoners Act, 1920 as interpreted and integrated with CrPC amendments (!) (!) (!) . - It cites that the fundamental right to privacy is not absolute and may bow to compelling public interest in the context of voice sample collection, referencing Ritesh Sinha, Modern Dental College, Gobind, and K.S. Puttaswamy jurisprudence (!) (!) (!) . - It confirms the order of the Magistrate directing voice/sample collection was upheld, and the petition was dismissed, with no infirmity found in the impugned judgments (!) (!) (!) . - The decision reiterates that while specimen handwriting and other measurements have specific statutory grounding, the voice sample power arises through judicial interpretation under Article 142 until statutory provisions are enacted (!) (!) (!) .

How to determine whether a Magistrate can order a person to give voice samples for investigation under Article 142 of the Constitution?

What is the scope of the power to collect voice samples in the absence of explicit CrPC provisions, as interpreted by the Supreme Court’s jurisdiction under Article 142?

What are the limits of privacy rights when compelling voice samples for investigation?


ORDER :

1. Being aggrieved by the order passed by the learned Magistrate ordering the petitioner to furnish his measurement (handwriting) by invoking the provisions of the Criminal Procedure (Identification) Act, 2022 (“Act, 2022” for the sake of brevity), the petitioner is before this Court.

2. The petitioner has been arrayed as the accused in Crime No.113/2022 of the Pavaratty Police Station registered under Sections 420, 406, 465, 468, and 471 of the IPC. The allegation is that the petitioner, without being adequately qualified, secured employment as a teacher in the Higher Secondary Department of Alimul Islam Aided School on the strength of forged certificates.

3. In the course of the investigation, the service book of the petitioner was seized. The investigating officer felt that the handwriting on the second page of the service book was not that of the petitioner. In order to compare the suspected handwriting with the genuine handwriting, an application was filed seeking the issuance of directions to the petitioner to furnish his specimen handwriting impressions in the presence of the Court for forwarding the same to the handwriting expert.

4. Sri. Shameem Ahammed, the learned

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