JAYAPAUL MOHAN Vs. STATE REP BY INSPECTOR OF POLICE, SPECIAL INVESTIGATION CELL, VIGILANCE AND ANTI CORRUPTION

JUDGEMENT

(1.) This Criminal Revision Petition is directed against the order passed by the trial Court permitting the investigating officer to record voice sample of the petitioner herein, who is arrayed as an accused in Crime No.7/AC/2015/HQ, on the file of the Special Investigation Cell, Vigilance and Anti Corruption, Chennai.

(2.) The petitioner herein is the accused in Crime No.7/AC/2015/HQ, on the file of the Special Investigation Cell, Vigilance and Anti Corruption, Chennai, for alleged offence under section 7 of Prevention of corruption Act. The defacto complaint Rajagopal, Assistant Engineer in PWD under suspension has given the complaint against the petitioner that he demanded Rs. two lakhs for revoking his suspension.

(3.) The prosecution has filed a petition seeking permission to take standard voice sample of the petitioner/accused to compare the conversation between the defacto complainant and the petitioner regarding demand of bribe, recorded in the cell phone micro SD card. The petitioner has contested the petition on the ground that directing the accused to give voice sample is deprivation of Constitutional right. Without disclosing the person who was in custody of the micro SD card since 2015, petition to draw standard voice sample after the delay of two years is liable to be dismissed. Without citing the provision of law under which voice sample sought to be requested, the petition is not maintainable.