STATE OF UTTAR PRADESH Vs. RAM BABU MISRA

JUDGEMENT

(1.) The Officer who was investigating into offences under Sections 120-B, 420, 468 and 471 Indian Penal Code alleged against the respondent, Ram Babu Misra, moved the Chief Judicial Magistrate, Lucknow, to direct the accused to give his specimen writing for the purpose of comparison with certain disputed writings. The learned Magistrate held that he had no power to do so when the case was still under investigation. His view has been upheld by the High Court. The State has preferred this appeal by Special Leave of this Court.

(2.) Shri O. P. Rana, learned counsel for the appellant, contended that S. 73 of the Evidence Act conferred ample power on the Magistrate to direct the accused to give his specimen writing even during the course of investigation. He also urged that it would be generally in the interests of the administration of justice for the Magistrate to direct the accused to give his specimen writing when the case was still under investigation, since that would enable the investigating agency not to place the accused before the Magistrate for trial or enquiry, if the disputed writing, as a result of comparison with the specimen writing was found not to have been made by the accused. While we agree with Mr. Rana that a direction by the Magistrate to the accused to give his specimen writing when the case is still under investigation would surely be in the interests of the administration of justice, we find ourselves unable to agree with his submission that S. 73 of the Evidence Act enables the Magistrate to give such a direction even when the case is still under investigation.

(3.) S. 73 of the Evidence Act is as follows: