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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla
Nimesh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the case and firs. (Para 1) |
| 2. court's analysis on magistrate's power. (Para 2 , 5 , 6 , 7 , 8) |
| 3. arguments regarding voice sample necessity. (Para 3 , 4) |
| 4. conclusion on dismissal of the petition. (Para 9 , 10) |
JUDGMENT :
Rakesh Kainthla, J
1. The present petition has been filed against the order dated 6.1.2023, 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 the 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. Petitioner’s mother Smt. Usha Thakur, respondent No. 4 made a complaint to the Police Station, Theog telephonically regarding the quarrel in Village Sandoh/Bishidi and requested that pulice be sent to the spot. The police reached the spot. No case was registered on the information of respondent No. 4 and FIR No. 49 of 2022 dated 14.5.2022was r
A Magistrate may order any person, not just an accused, to provide a voice sample if deemed necessary for proper investigation, as supported by Supreme Court precedent.
The main legal point established in the judgment is that the power of a Judicial Magistrate to order a person to give a sample of his voice for the investigation of a crime is not confined merely to ....
The power of a judicial magistrate to order a person to give a sample of his voice for the purpose of investigation of a crime until explicit provisions are engrafted in the Code of Criminal Procedur....
The court upheld the authority to compel handwriting samples from an accused under the Criminal Procedure (Identification) Act, provided there's an earlier submission to the court's jurisdiction.
Power to collect voice samples from accused persons can be conferred on magistrates through judicial interpretation and exercise of Supreme Court's jurisdiction under Article 142 of Constitution of I....
The court established that electronic evidence, including voice recordings, is admissible in domestic violence cases, and courts should utilize technological advancements to ensure justice.
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