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HIGH COURT OF BOMBAY
SHAILESH P. BRAHME, J.
Abhijit Ankush Shelke | Ankish Nana Shelke | Sau Bebi @ Nalini Ankush Shelke – Appellant
Versus
Sau.Shubhangi Abhijit Shelke | Shaurya @ Shambhu Abhijit Shelke – Respondent
| Table of Content |
|---|
| 1. overview of parties and their relationships in domestic violence context. (Para 1 , 2 , 3 , 4) |
| 2. discussion on evidence and applications regarding voice samples. (Para 5 , 6 , 7 , 8 , 9) |
| 3. examination of the legal authority of the magistrate in domestic violence cases. (Para 10 , 11 , 12 , 13) |
| 4. analysis of relevant case laws and their implications on the current proceedings. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. conclusion affirming the petitioners' right to compel a voice sample. (Para 23 , 24) |
JUDGMENT :
. Rule. Rule is made returnable forthwith. Heard both sides with their consent finally at the admission stage.
2. Petitioners are challenging order dated 14.02.2024 passed below Exhibit-114 by Judicial Magistrate First Class, Parner in Criminal M.A No. 75 of 2013, refusing to direct the Respondent to give her voice sample for referring it to authorize forensic laboratory for verification/identification of her recorded voice in compact disc and the memory card. The Respondents have instituted proceedings under Sections 12, 18, 19, 20 and 22 of ‘ The Protection of Women from Domestic Violence Act, 2005 ’ (in short Act of 2005) against the Petitioners
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