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2021 Supreme(MP) 392

PRAKASH SHRIVASTAVA, VIRENDER SINGH
R. K. Akhande – Appellant
Versus
Special Police Establishment, Lokayukt, Bhopal – Respondent


Advocates:
Manoj Kushwaha for petitioner;
Abhijeet Awasthi for respondent No.1.

ORDER

Shrivastava, J. -- 1. IA No.12586/2020, an application for amendment in the petition is allowed.

2. By this writ petition under section 482 of the Criminal Procedure Code, petitioner has challenged the order of the trial Court dated 21.10.2020 whereby for the purpose of investigation permission has been granted to take the voice sample of the petitioner.

3. The submission of learned counsel for the petitioner is that such a direction violates the petitioner’s right under Article 20(3) of the Constitution of India and infringes the petitioner’s privacy. In support of his submission, he has placed reliance upon the judgment of the Supreme Court in the matter of Selvi and others v. State of Karnataka reported in AIR 2010 SC 1974. He has also submitted that no opportunity of hearing has been given to the petitioner before passing the order.

4. Opposing the prayer, learned counsel for the respondent No.1 has submitted that the matter is at the investigation stage and the petitioner’s right under Article 20(3) of the Constitution is not violated and that no prejudice is caused to the petitioner by the impugned order.

5. Having heard the learned counsel for the parties and on perusal

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