POONAM MADHA PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule.

(2.) This revision application under Ss. 397 and 401 read with Sec. 482 of the Criminal Procedure Code, 1973 ( CrPC ) is filed by the applicant - original accused assailing the order dtd. 1/2/2021 passed in Criminal Revision Application No. 1/2021 by the learned 6th Additional Sessions Judge, Khambhat, whereby, the said application, filed at the instance of the respondent herein - State, came to be allowed. By the said order, the learned Sessions Judge set aside the order dtd. 23/12/2020, passed below Exh. 99 in Criminal Case No. 129/2017, by the learned Judicial Magistrate First Class, Tarapur by which, the learned Magistrate had rejected the application filed by the respondent - State for further investigation under Sec. 173(8) CrPC by taking voice sample of the applicant - original accused and get the same analyzed.

(3.) Shearing off the unnecessary details, the facts are that an FIR being II-C.R. No. 3001 of 2014, registered with Tarapur Police Station, District: Anand for the offences punishable under Ss. 504 and 506(2) of the Indian Penal Code, 1860 ( IPC ) is filed against the present applicant, for which, Criminal Case No. 129 of 2017 is registered in the Court of learned Judicial Magistrate First Class, Tarapur. In the said proceedings, the respondent - complainant filed an application, Exh. 99 under Sec. 173(8) CrPC seeking further investigation, to be precise, to take voice sample of the applicant - accused for voice spectrography. The said application came to be allowed by the learned Magistrate by an order dtd. 23/12/2020. The said order was the subject matter of revision before the learned Sessions Judge and the learned Sessions Judge, vide order dtd. 1/2/2021 allowed the said revision application, setting aside the order of learned Magistrate. Accordingly, the grieved applicant - accused is before this Court by this revision application.