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2022 Supreme(All) 1665

RAJAN ROY, SAROJ YADAV
Hussna – Appellant
Versus
N. I. A. Thru. Home Secy-1 – Respondent


Advocates Appeared:
For the Appellant : Murli Manohar Srivastava.
For the Respondent: A.S.G., Shikha Sinha.

JUDGMENT :

1. Heard Mr. Murli Manohar Srivastava, learned counsel appearing on behalf of the appellant as well as Ms. Shikha Sinha, learned counsel for the National Investigating Agency.

2. These proceedings have come up before this Division Bench in view of an order dated 16.11.2017, passed by learned Single Judge in proceedings Under Section 482 Cr.P.C. bearing No.7514 of 2017; Hussna Vs. N.I.A. through Home Secretary-I and another, which was registered at the behest of the appellant. The said order reads as under:-

    "The instant application has been moved on behalf of accused/applicant under Section 482 Cr.P.C. praying for quashing of order dated 06.10.2017 passed by Special Judge N.I.A., Lucknow allowing the application of N.I.A. for taking voice sample of the accused/applicant in Session Trial No.157 of 2015 (State Vs. Hussna & Ors.) Police Station Kotwali City, District Bijnore.

On behalf of N.I.A. objection has been made on the strength of provisions contained in Section 21 of the N.I.A. Act, 2008 which is quoted herein below:-

1. Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special

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