PRAVINSINH NRUPATSINH CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Tejas Barot, learned counsel appearing for the petitioner. The primary grievance of the petitioner is that his voice sample is ordered to be collected for the purpose of comparison with the incriminatory voice sample available with the police. According to the counsel, unless rules are framed and appropriate standard operating system is notified under the provisions of the Criminal Procedure (Identification) Act, 2022 read with the Rules 2022, the collection of voice sample would impeach on the right of privacy of the accused.

(2.) In the above context, we have the benefit of reading the ratio in 'Ritesh Sinha Vs. State of Uttar Pradesh' reported in (2019) 8 SCC 1 where in the context of voice sample collected for the purpose of investigation, the three Judges Bench of this Court had held :-

(3.) The above would indicate that the Magistrate is given the power to order for collection of voice sample for the purpose of investigation of a crime until explicit provisions are engrafted in the CrPC by the Parliament. Such direction was issued by invoking powers under Article 142 of the Constitution of India.