IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SHEEL NAGU &

HON'BLE SHRI JUSTICE VIRENDER SINGH MISC. CRIMINAL CASE No. 54639 of 2022 BETWEEN:-

BALIRAM BARMAN S/O HARI PRASAD BARMAN, AGED ABOUT 56 YEARS, OCCUPATION: PATWARI AZAAD CHOWK KATNI POLICE STATION CITY KOTWALI KATNI (MADHYA PRADESH)

.....PETITIONER (BY SHRI ANIL KHARE – SENIOR ADVOCATE WITH MS. KRATIKA INDURKHYA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH SPECIAL POLICE ESTABLISHMENT (LOKAYUKTA) JABALPUR DISTRICT JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI SATYAM AGRAWAL - ADVOCATE)

……………………….……………………….……………………….……………………….……………………….……………….……………….….…………………………………….……………………….……………………….……………………….…………………

Reserved on : 19.01.2023 Pronounced on : 03.04.2023 ……………………….……………………….……………………….……………………….……………………….……………….……………….….…………………………………….……………………….……………………….……………………….…………………

This petition having been heard and reserved for orders, coming on for pronouncement this day, Hon’ble Shri Justice Virender Singh pronounced the following : O R D E R [

The petitioner has invoked inherent power of this Court conferred under Section 482 CrPC seeking quashment of order dated 09.11.2022 Signature Not Verified Signed by: VINOD passed by Special Judge (under the PC Act), Jabalpur in Special Case No.01/2020 so far as it relates to obtaining the voice sample of petitioner-accused.

2. The factual background necessary to mention for disposal of present petition may be summarized thus :

(i) On 25.04.2018, complainant Ram Manohar Soni filed a complaint before S.P. SPE (Lokayukta) Jabalpur stating therein that 4-5 days’ ago when he approached the petitioner, who was Patwari, Tahsil Sihora, District Jabalpur for getting new Bahi of his land, the petitioner demanded Rs.3,000/- as bribe for the said purpose. To test the veracity of the complaint, the complainant was given a voice recorder to tape the conversation with the petitioner demanding money. On 25.04.2018, after recording the conversation, he handed over the tape to the SPE whereon it was sealed. The complainant informed the SPE that the petitioner has demanded bribe of Rs.2,000/-. On 17.05.2018, the complainant apprised the Lokayukta office that the petitioner told him that new Bahi has been prepared and asked him to come on the next date to collect the same.

(ii) Accordingly, a trap was set up and petitioner alongwith co-accused were caught red-handed, whereon, a case was registered and investigation was triggered.

Signature Not Verified Signed by: VINOD (iii) The petitioner was asked to give his voice sample; however, he refused to do so. A panchnama to the effect was prepared.

(iv) Upon completion of investigation, on 20.02.2020, charge-sheet was presented for the offences under Sections 7, 8, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and learned Special Judge (Lokayukt) took cognizance of the offence punishable under Sections 7(a), 13(1)(b) read with 13(2) of the PC Act.

(v) Subsequently, the trial started and statements of witnesses were recorded. Even examination-in-chief of Investigating Officer has been recorded. At that stage, the prosecution moved an application praying that voice sample of petitioner-accused be directed to be collected in order to get it compared with audio C.D., which was already placed on record with the charge-sheet and was exhibited during examination of the prosecution witnesses, for just determination of the case. The application was contested by the petitioner-accused. However, ld. Special Court per impugned order dated 09.11.2022, allowed the application and directed the accused/petitioner to give the voice sample.

This order is under challenge.

3. Feeling aggrieved, the petitioner knocked the door of this Court by way of filing present petition, reiterating the contentions raised Signature Not Verified Signed by: VINOD before the Special Court. The petitioner herein is aggrieved of the delay in filing such application as the trial is at its fag end.

4. The grieva