MOHD. AZAM KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C. has been filed by accused-applicant Mohd. Azam Khan challenging the order dtd. 29/10/2022, passed by Additional Sessions Judge/Special Judge (M.P./MLA), Court No.4, Rampur in Special Sessions Trial No.37 of 2018 (State Vs. Mohd. Azam Khan), under Ss. 504 and 171(G) IPC, Sec. 125 Representation of Peoples Act, 1951 and Sec. 3(1)(X) SC/ST Act, police station Tanda, district Rampur, whereby a direction has been issued to the accused-applicant to give his voice sample so that the Director F.S.L., Moradabad could examine the voice of the audio cassette to ascertain as to whether the inflammatory/derogatory speech recorded in the audio cassette is that of the accused-applicant and the order dtd. 22/11/2022, whereby the application (paper no.43 kha) filed by the accused-applicant for recall of order dtd. 29/10/2022 has been rejected.

(2.) Heard Mr. Syed Imran Ibrahim, the learned counsel for applicant, Mr. Mahesh Chandra Chaturvedi, the learned Additional Advocate General assisted by Mr. Manu Raj Singh, the learned A.G.A.-I and Mr. Prashant Kumar, the learned A.G.A. for State.

(3.) Record shows that in respect of an incident, which is alleged to have occurred on 7/8/2007, a delayed F.I.R. dtd. 8/8/2007 was lodged by first informant-opposite party-2, namely, Dheeraj Kumar Sheel and was registered as Case Crime No.959 of 2007, under Ss. 504 and 171(G) IPC, Sec. 125 Representation of Peoples Act, 1951 and Sec. 3(1)(X) SC/ST Act, police station Tanda, district Rampur. In the aforesaid F.I.R., applicant has been nominated as solitary named accused.