STATE Vs. PARAMESWARAN PILLAI

JUDGEMENT

(1.) This revision petition is directed against an order of the Division First Class Magistrate of Padmanabhapuram refusing to compel an accused person to write out in Court two documents which are alleged to be in his handwriting. The prosecution is for cheating and forgery for the purpose of cheating. The State, representing the prosecution, made an application to the Court that the accused should be made to write four copies of each of the two documents forming the subject of the forgery charge against him. The provision of law relied upon in that behalf was S. 73 of the Evidence Act. The accused who was given notice of the application filed a written objection to the effect that he cannot be compelled to write out the documents and that the Court should turn down the request of the prosecution. The Court rejected the application accepting the defence contention that an accused person cannot be compelled to write out in court copies of documents alleged to have been forged by him. Hence this revision petition by the State.

(2.) The lower court places reliance for its decision upon Bazari Hajam v. King Emperor (1922) ILR 1 Patna 243 and Gunamudayam Pakkianathan v. Sirkar, AIR 1950 Travancore-Cochin 37 ( 1950 KLT 80 ).

(3.) After the revision was duly admitted when it came up before a learned Single Judge (Kunhi Raman, C. J.) the learned counsel for the accused counter petitioner raised an argument that the expression any person present in Court occurring in paragraph 2 of S. 73, Evidence Act, will not include an accused person. It was pointed out that the decisions on the point were not all uniform. The learned Chief Justice took the view that the question was of sufficient importance for reference to a Full Bench and consequently ordered I, therefore, direct that the question as to whether an accused person will come under the category of any person present in court within the meaning of the second paragraph of S. 73 of the Indian Evidence Act in the circumstances of this case be referred for the opinion of a Full Bench of this court.