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AVNEESH JHINGAN
Sunil Kumar Gulati – Appellant
Versus
State Of Punjab – Respondent
ORDER
Avneesh Jhingan, J. - Aggrieved of directions of Chief Judicial Magistrate, Patiala for giving voice samples, the petitioner has filed this petition under Section 482 Cr.P.C.
2. The brief facts are that Jaspreet Singh (respondent No.2) -complainant was running a chemist shop. He had made an unauthorized alteration in the shop resultantly, the shop was sealed by authorities. Sunil Kumar Gulati (petitioner) was posted in the Land Branch of Municipal Corporation, Patiala, he demanded Rs.25,000/- for getting the shutter of the shop open. The amount demanded was to be paid to Rakesh Behal one of the chemist known to the petitioner. On complaint, a trap was laid and on 10th October, 2020 Rakesh Behal was apprehended red handed. A telephonic conversation with regard to demand of illegal gratification was recorded and the memory card handed over to the investigation agency.
3. An application was filed by the Vigilance Bureau seeking voice samples of Rakesh Behal and petitioner. Rakesh Behal had no objection for giving his voice samples but petitioner filed a reply opposing the application. The application was allowed vide order dated 30th November, 2021. Petitioner was directed to give
The fundamental right to privacy cannot be construed as absolute and must bow down to compelling public interest. The admissibility of memory card evidence without certification under Section 65-B of....
The right to privacy must bow down to compelling public interest, and certification under Section 65-B of the Act is needed when the recording is to be produced in trial as evidence.
The main legal point established in the judgment is that the direction to give a voice sample did not violate the right against self-incrimination and the right to privacy, and the admissibility of e....
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 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....
Electronic Evidence - As per Section 79A, Central Government may, for purpose of providing expert opinion on electronic from evidence before any Court or other authority specify, by notification in O....
The right to privacy is not absolute and must bow down to compelling public interest. The Court conceded powers to the Judicial Magistrate to order giving of voice samples until explicit provisions a....
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