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1 - 5 of 5 (0.62 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
The Code of Criminal Procedure, 1973
Ritesh Sinha vs State Of U.P.& Anr on 7 December, 2012
9. With regard to above, it is relevant to mention here that the similar
issue has been dealt with by the Hon'ble Supreme Court of India in the case of
'Ritesh Sinha Vs. State of Uttar Pradesh & Anr.' AIR 2019, Supreme Court
3592. In the above mentioned case the Hon'ble Supreme Court of India
observed (before the enactment of BNSS) that until explicit provisions are
engrafted in the Code of Criminal Procedure by Parliament, a Judicial
Magistrate must be conceded the power to order a person to give a sample of
his voice for the purpose of investigation of a crime. Such power has to be
conferred on a Magistrate by a process of judicial interpretation and in exercise
of jurisdiction vested in this Court under Article 142 of the Constitution of
India. We order accordingly and consequently dispose the appeals in terms of
the above.
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