LEENA KATIYAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been filed for quashing the order dated 7.1.2015 purporting to have been passed by the Special Judge Fatehgarh in S.S.T. No. 140 of 2007 under Sections 364 -A, 302, 201 I.P.C., police station Kotwali Fatehgarh (State vs. Amit Katheria and others) and the learned Special Judge be directed that the accused persons arrayed as O.P. Nos. 2 to 8 be sent by the police of police station Kotwali Fatehgarh for taking their voice sample for voice testing to the headquarter of either of the 5 laboratories and get the voice of the accused persons compared with the voice recorded in the C.D. which is the part of record of the aforesaid case.

(2.) BRIEF facts of the case are that an F.I.R. was lodged by the applicant, who is the first informant of the case on 23.4.2007 which was registered as Case Crime No. 467 of 2007 at police station Fatehgarh, district Farrukhabad for offence under Sections 364 -A/302, 201 I.P.C. alleging that on 11.4.2007 her son, namely, Madhusudan was kidnapped by accused Happy @ Shivam @ Harsh along with 7 other associates for ransom. The applicant had initially lodged a missing report of her son at the police station Kotwali Fatehgarh which was initially endorsed in the G.D. of the said police station on 23.4.2007. On 6.5.2007, the dead body of her son Madhusudan was dug out at the pointing out of the accused persons which was buried in about 4 -5 feet deep in the ground and his shirt, belt and spectacles were kept in a gunny bag buried under mud. The said recovery was made from the jungles of village Chauspur, police station Kamalganj, District Farrukhabad. It is alleged that the main architect of the crime is accused Happy @ Shivam @ Harsh, who was also a resident of Fatehgarh city. He had taken admission in B.A. (Part -I) in Venkateshwar College of Delhi University and within a short span of time, he developed friendly terms with the applicant's son. It is stated that on 22.4.2007, the applicant received a telephonic call which was later on traced to have been made from Pandu Nagar, New Delhi asking the applicant to pay a sum of Rs. 10 lacs for the release of her son. The applicant expressed her inability to arrange the said amount within the short period which was required to pay for the release of her son. On receiving the said information, the Superintendent of Police Fatehgarh after obtaining approval from the Inspector General of Police, Kanpur Zone, Kanpur started making electronic surveillance of the applicant's mobile number and got taped the calls which were received at her number.

(3.) ON 25th and 28th April, 2007 other calls were received at applicant's Cell No. 98399710406 which was made from Kanpur city whereby the demand of the ransom towards the release of her son was again made. Thereafter another call was received by the applicant traced to be made from Kanpur on 30.4.2007 by telephone number 915126992864 reiterating the demand of ransom. The taping of these calls have also been made by the police and the Superintendent of police Fatehgarh constituted a team of 5 police officers as "Special Operation Group" for laying trap for arresting the accused persons. On 1.5.2007 in about 6 calls were made at the applicant's mobile No. 9839710406 making the demand of ransom. A few of such calls were even heard by Additional Superintendent of police Fetehgarh, who was keeping surveillance upon the calls. The mobile nos. and basic telephone nos whereby the calls were made at applicant's mobile were as follows: - <FRM>JUDGEMENT_58_LAWS(ALL)2_2015.htm</FRM>