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CALCUTTA HIGH COURT
SUVRA GHOSH, J
SUBHASH CHANDRA BALASARIA – Appellant
Versus
STATE OF WEST BENGAL – Respondent
| Table of Content |
|---|
| 1. petitioner challenges magistrate's order (Para 1 , 3) |
| 2. counsel argues against voice sample (Para 2) |
| 3. opposing counsel's submission (Para 4) |
| 4. counsel cites supreme court authority (Para 5) |
| 5. state counsel's reference (Para 6) |
| 6. reproducing section 531 (Para 7 , 9) |
| 7. section 349 cannot be invoked (Para 8) |
| 8. lack of explicit provisions (Para 10 , 17) |
| 9. reference to larger bench (Para 11 , 12 , 13) |
| 10. order quashed (Para 14 , 15 , 16) |
SUVRA GHOSH, J. :-
1. The petitioner is aggrieved by an order passed by the Learned Chief Judicial Magistrate, Alipore on 4th November, 2024 in CGR 2040 of 2021 allowing the prayer of the investigating officer and directing him to act in compliance with section 349 of the Bharatiya Nagarik Suraksha Sanhita (in short the BNSS ).
2. Learned counsel for the petitioner has submitted that in view of Section 531 (2)(a) of the BNSS , the proceeding shall be governed by the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.) and the provisions laid down in the BNSS including section 349 cannot be invoked. There is no provision under the Code of Criminal Procedure which enables recording of voice sample of any person in course o
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