Madhya Pradesh High Court
Baliram Barman vs The State Of Madhya Pradesh on 23 November, 2022
Author: Sheel Nagu
Bench: Sheel Nagu
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
MCRC No. 54639 of 2022
(BALIRAM BARMAN Vs THE STATE OF MADHYA PRADESH)
Dated : 23-11-2022
Shri Anil Khare, learned Senior counsel along with Shri Priyank Agrawal,
learned counsel for the applicant.
Shri Satyam Agrawal, learned counsel for the respondent Lokayukta.
Learned Senior counsel for the applicant is heard on the question of admission.
Learned counsel for the Lokayukt organization is also heard.
The Lokayukt Organization is directed to file a reply to the question as to whether the trial Court can direct for collection of voice sample of accused during the stage of recording of evidence.
Learned Senior counsel has relied upon the decision of the Apex Court in the case of Vinubhai Haribhai Malaviya vs The State Of Gujarat: (2019) 17 SCC 1 & Ritesh Sinha vs. State of Uttar Pradesh: (2019) 8 SCC 1 and also the decision of Single Bench of the Gujarat High Court in the case of Poonam Madha Parmar vs State of Gujarat rendered in Criminal Revision Application No.164/2021 and a Division Bench decision of this Court in the case of Buddha Sen Kumhar vs. State of Madhya Pradesh rendered in M.Cr.C. No.17905/2017 to contend that even if power under Section 311-A Cr.P.C. is available to the trial Court, same cannot be exercised after the trial begins.
List the case in week commencing 12.12.2022.
Meanwhile the impugned order dated 09.11.2022 so far as it directs for collection of voice sample of the petitioner in S.C. LOK No.1/20 shall remain Signature Not Verified Signed by: MRS. LORETTA RAJ Signing time: 11/25/2022 5:02:29 PM 2 stayed till the next date of hearing.
Certified copy as per rules.
(SHEEL NAGU) (VIRENDER SINGH)
JUDGE JUDGE
Loretta
Signature Not Verified
Signed by: MRS. LORETTA
RAJ
Signing time: 11/25/2022
5:02:29 PM