ORDER :

1. This petition has been filed by the petitioner under section 482, Criminal Procedure Code seeking quashment of the order dated 26-2-2018 passed by IInd Additional Sessions Judge, Mhow in S.T. No. 632/16 allowing the application filed under section 65-B of the Evidence Act. By the impugned order, learned trial Court has allowed the tape recorded conversation to be admitted as evidence even though the application was not accompanied with a contemporaneous certificate.

2. As per the prosecution case on 29-3-2016 at about 13.00 hrs. accused driving a dumper No. MP-09-GE-3412 rammed into a Verna car bearing registration No. MP-09-CN-3767 on Mhow-Indore Road. After hitting the Verna car, the dumper struck two motorcycles which were behind the Verna car resulting in instantaneous death of one of the motorcycle rider viz. Sunil along with injuries caused to other motorcycle borne persons as well as car borne persons. A case under sections 279, 337 and 304-A, Indian Penal Code was registered by Police Station Kishanganj. However, during investigation, a telephonically recorded conversation implicating accused along with other coconspirators was obtained by the Investigating Officer