Xxx v. State And ANR.
$~17 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5044/2023 XXX ..... Petitioner Through:
Mr. Gaurav Kumar, Adv.
versus STATE AND ANR.
..... Respondents Through:
Mr. Utkarsh, APP for the State with SI Pramod Kumar, PS Anand Vihar, Delhi.
Mr. Bhumit Solanki and Mr.
Abhinav Sharma, Advs. for R-2.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 30.01.2024 1.
The learned Additional Public Prosecutor for the State, at the outset, submits that the alleged conversation between the petitioner and Respondent No. 2, was handed over by the complainant herself to the Investigating Agency during the course of investigation.
2.
He submits that the complainant is not denying that the voice in the said recorded conversation, is that of Respondent No. 2.
3.
He further submits that Respondent No. 2 does not deny that the voice in the said recorded conversation is his voice and therefore, any further collection of voice samples is not required. 4.
On instructions, the learned counsel for Respondent No. 2 submits that Respondent No. 2 undertakes that he will not dispute the fact that the voice in the said recording, handed over by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:23:24
complainant to the Investigating Agency, is his. 5.
Respodent No. 2 is bound down to the said undertaking. 6.
In such circumstances, without going into the issue as to whether the Magistrate is empowered to compel the accused to give voice samples for the purpose of investigation, this Court is of the opinion that no order in the present petition is required to be passed at this stage, since the prayer of the State, as pleaded by the complainant before this Court, is satisfied. 7.
The present petition is disposed of in the aforesaid terms. AMIT MAHAJAN, J JANUARY 30, 2024 'KDK'
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 10:23:24