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2024 Supreme(HP) 39

RANJAN SHARMA
Usha Dogra – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Dibender Ghosh, Advocate.
For the Respondents:Mr. Pratyush Sharma, Mr. Romesh Verma, Sr. Advocate with Mr. Sumit Sharma, Advocate.

 

Petitioner, Usha Dogra, has come up before this Court, assailing the order dated 6.1.2023, (Annexure P-5) passed by the Learned Additional Chief Judicial Magistrate (ACJM), Theog, District Shimla, [H.P.] vide which the Learned Magistrate allowed the application filed by SHO, Police Station Theog for permission to obtain the voice sample of the petitioner and proforma respondents. It has been asserted that informant Sumitra Chauhan lodged an FIR No. 47 of 2022 at Police Station, Theog on 14.5.2022 for the commission of offences punishable under Sections 323, 342 and 382 read with Section 34 of IPC. Once Smt. Sumitra Chauhan, made a complaint to the Police Station, Theog telephonically regarding the quarrel in Village Sandoh/Bishidi and requested that the police be sent to the spot. The police reached the spot.

No case was registered on the information of petitioner and FIR No. 49 of 2022 dated 14.5.2022 was registered for the commission of offences punishable under Sections 147, 149, 452, 323 and 506 IPC. A SIM Card was recovered in FIR No. 47 of 2022 which was sent to a laboratory for analysis. The police found during the investigation that the petitioner had talked to the accused.

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