GURU PAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) A short, but interesting question, that arises for consideration is whether the Court can compel an accused to give his specimen writings in order to facilitate the police to collect evidence in course of investigation by comparing the same with disputed writings.

(2.) The petitioner has been arraigned as an accused in case crime No. 291 of 2000, under Secs. 364-A/392/411/368/120-B, I.P.C., Police Station Banda, district Shahjahanpur The prosecution case in short is that on 19-12-2000 at about 7 a.m. Virendra Kumar, brother of the informant Ashok Kumar, accompanied by one Srikrishna left for the temple on a motorcycle to perform Puja. On the way, three persons kidnapped him in a Jeep and while going, they handed over a letter written in Gurmukhi language to Srikrishna in which a demand of rupees ten lac was made as ransom. According to the prosecution, the said letter was written by the present petitioner. In order to make use of the said letter as evidence against the petitioner, the police, making investigation into the said case moved the learned Additional Chief Judicial Magistrate, III, Shahjahanpur to summon the petitioner for obtaining his specimen writings for comparison with the said letter. This prayer was objected to by the petitioner. Learned Magistrate, by order dated 13-3-2001, copy whereof at Annexure 10 allowed the prayer and directed the petitioner to appear before him on a date to give his specimen writings as required by the police for comparison. Assailing the correctness of the said order, petitioner has approached this Court by filing the present petition.

(3.) Different provisions are enumerated in the Code of Criminal Procedure with regard to the powers of the police to investigate into cognizable offences. During investigation the police in certain matters takes the help of the Magistrate to collect evidence in order to ascertain the involvement of accused with the crime, such as, holding of test identification parade, recording of the confessional statement of the accused and the statement of the witnesses under Section 164 of the Code of Criminal Procedure.