T SUBBIAH Vs. S K D RAMASWAMY NADAR

JUDGEMENT

(1.) THIS revision petition has been filed by the accused in Crime No. 4 of 1968. District Crime Branch, Rama-nathapuram at Madurai, against the order of the Sub-Divisional Magistrate, Srivili-putur, directing him to appear on 27-11-1968 for taking his specimen signature and handwriting for the purpose of investigation.

(2.) THE relevant facts necessary for the appreciation of the contentions raised by the petitioner are briefly as follows;

(3.) THE petitioner was arrested by the Rajapalavam Police in connection with certain offences of cheating, forgery etc. , alleged to have been committed by him. He was subsequently released on bail. While the investigation was pending, the inspector of Police. District Crime Branch. Ramanathapuram. filed a memo on 219-1968 before the Sub-Divisional Magistrate, Srivilliputtur, requesting him to direct the petitioner to give his specimen handwriting and affix his specimen signature both in ink and pencil for the purpose of further investigation in the matter. On that memo, the learned Sub-Divisional Magistrate issued notice to the petitioner asking him to appear on 5-10-1968 and give his specimen handwriting and signature for the purpose of further Investigation. On 5-10-1968 the petitioner appeared through his counsel and filed an objection petition alleging that he was not bound in law to furnish specimen handwriting or signature as that would amount to testimonial compulsion to offer evidence against himself, offending Article 20 (3) of the Constitution of India.