CRL.M.C. 3074/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Pronounced on: 5^th August, 2022

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CRL.M.C. 3074/2022, CRL.M.A.12945/2022 (for stay)

SUNIL KUMAR ALIAS TITU

..... Petitioner

Through:

Dr. Malkit Singh Jandiala, Advocate

versus

STATE OF UT OF CHANDIGARH

..... Respondent

Through:

Mr.Charanjit Singh Bakhshi, APP,

UT of Chandigarh

CORAM:

HON'BLE MS. JUSTICE ASHA MENON

O R D E R

1.

This petition has been filed under Section 482 of the Code of

Criminal Procedure, 1973 (for short, “Cr. P. C.”) by one of the accused

persons in FIR No.194/2017, registered under Sections 409/420/120B IPC

and Sections 8/9/13(1)(d)/13(2) of the Prevention of Corruption

Act, at Police Station Sector 3, Chandigarh.

2.

The case relates to the leaking of the question paper set for “Haryana

Civil Services (Judicial) (Preliminary) Examination-2017”. The FIR has

been registered on the directions of the High Court of Punjab and Haryana.

The Special Investigating Team (for short, “SIT”) was also constituted for

investigating into the case. The accused persons were arrested, and vide

orders dated 12^th October, 2018, the High Court of Punjab and Haryana

granted interim bail to the accused, including the present petitioner. By

means of various petitions, some of the accused approached the Supreme

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002967

CRL.M.C. 3074/2022

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Court seeking transfer of the matters from Chandigarh to Delhi. These

petitions were allowed vide orders dated 5^th February, 2021 and the cases

were transferred to Delhi, where the trial is presently pending.

3.

After the cases were transferred to Delhi, the petitioner sought

directions from the learned Special Judge to the police not to compel the

petitioner to give his voice sample. Vide order dated 2^nd July, 2022, the

Principal District & Sessions Judge-cum-Special Judge (PC Act) (CBI),

Rouse Avenue District Court, New Delhi (hereinafter referred to as the

“Special Judge”) declined to issue any such directions observing that

assuming that the High Court of Punjab and Haryana had granted liberty to

the petitioner to file a fresh petition before the High Court of Delhi, the

petitioner had not done so till that date, and in any case, the time granted

by the High Court of Punjab and Haryana also stood expired and thus,

directed the petitioner, being accused No.5, to give his voice sample in

terms of the previous order dated 26^th September, 2018, also fixing the date

for the purpose as 11^th July, 2022 at CFSL, Sector-36, Chandigarh.

4.

The instant petition has been filed by the petitioner seeking the

quashing of the orders dated 26^th September, 2018, passed by the learned

Additional Sessions Judge, Chandigarh and the consequential orders dated

2^nd July, 2022 passed by the learned Special Judge. The order dated 26^th

September, 2018 permitted the SIT to obtain the voice sample of the

petitioner. On 22^nd November, 2018, the petitioner moved the learned Trial

Court at Chandigarh to issue appropriate directions to the police not to

compel the petitioner to give his voice sample. The plea taken was that he

was in judicial custody on 31^st August, 2018 and was not in a proper state

of mind due to acute mental depression and had, therefore, suffered the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002967

CRL.M.C. 3074/2022

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statement, agreeing to furnish his voice sample to the SIT. Since the

learned Trial Court dismissed that application vide orders dated 8^th

January, 2019, the petitioner approached the High Court of Punjab and

Haryana by moving CRM-M No. 2606 of 2019 under Section 482 Cr.P.C.

for quashing of the said order dated 8^th January, 2019, passed by the

learned Trial Court, Chandigarh. It is the contention of Dr. Malkit Singh

Jandiala, learned counsel for