In ROOPESH @ PRAVEEN vs UNION OF INDIA, the Kerala High Court has held that there is no express or implied power conferred by the statute to the magistrate to direct the accused to give voice samples for the purposes of investigation.
The ruling was rendered by a division bench comprising Justice AM Shaffique and Justice P Somarajan. While rendering the ruling, the division bench overruled an earlier decision of a single bench in Pratap v CBI (2017) (3) KLT 458, which had held that the magistrate has power under Section 311A of the Code of Criminal Procedure to direct the accused to give voice samples.
Article referred: http://www.livelaw.in/magistrate-no-express-implied-power-direct-accused-give-voice-samples-investigation-purposes-kerala-hc-read-judgment/
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