STATE Vs. NIRMALA DEVI

JUDGEMENT

(1.) This petition has been filed praying to set aside the order in Crl.M.P.No.3362 of 2018, dated 07.06.2018 of the learned Judicial Magistrate No.II, Virudhunagar so far as the direction to take voice sample of the respondent/A1/Nirmala Devi in Crime No.1 of 2018 on the file of the petitioner and consequential rejection order dated 13.06.2018 of the learned Judicial Magistrate No.II, Virudhunagar passed on the Memo dated 11.06.2018 filed by the petitioner to change the place of recording of the voice sample of the respondent from Madurai Prison as incorporated in the orders issued by the learned Judicial Magistrate No.II, Virudhunagar in Crl.M.P.No. 3362 of 2018, dated 07.06.2018 to the office of the Deputy Director of Physics Division, Tamil Nadu Forensic Sciences Department, Mylapore, Chennai by giving suitable permission to take A1 Nirmala Devi to the above said office i.e., Office of the Deputy Director of Physics Division, Tamil Nadu Forensic Sciences Department, Mylapore, Chennai for recording of voice sample.

(2.) The petitioner/complainant filed a petition in Crl.M.P.No.3362 of 2018 before the learned Judicial Magistrate No.II, Virudhunagar, seeking for a direction to give voice sample of Nirmala Devi/A1 in Crime No.1 of 2018 by making her presence in front of the Deputy Director of Physics Division, Tamil Nadu Forensic Sciences Department, Mylapore, Chennai for fair investigation. The said application filed by the petitioner was allowed by the learned Judicial Magistrate No.II, Virudhunagar, by order dated 07.06.2018, permitting the petitioner to take a voice sample of the respondent at Madurai Central Prison by the Chennai Forensic Experts. Thereafter, the petitioner has filed a Memo before the learned Judicial Magistrate No.II, Virudhunagar seeking for modification of the order for recording the voice sample of A1/Nirmala Devi before the Office of Deputy Director of Physics Division, Forensic Sciences Department, Mylapore, Chennai - 4. The learned Judicial Magistrate No.II, Virudhunagar passed the impugned order without considering the submission of the petitioner Department. Challenging the above said impugned order dated 13.06.2018, the petitioner has filed the present Criminal Original Petition before this Court.

(3.) The learned Additional Advocate General appearing for the petitioner Department would submit that the learned Judicial Magistrate No.II, Virudhunagar, has not accepted the prayer of the petitioner for taking voice sample of the respondent for fair investigation before the Deputy Director of Physics Division, Tamil Nadu Forensic Sciences Department, Mylapore, Chennai, but the learned Judicial Magistrate No.II, Virudhunagar permitted the petitioner to take the voice sample before the Superintendent of Prison at Madurai.