IQBAL AHMED Vs. KETKI DEVI

JUDGEMENT

(1.) THE applicant has filed this petition under Section 482 Cr. P. C. with the prayer that the order of the Sessions Judge dated 16-5-1974 be quashed. The applicant was being tried in Sessions Trial No. 11 of 1970 in a case under Section 465/109 I. P. C. on the basis of a complaint filed by Smt. Ketki Devi. During the pendency of the trial, an application was moved on behalf of the complainant praying that the court in the interest of justice be pleased to take thumb-impressions of the accused Iqbal Ahmad under Section 73, Indian Evidence Act and to send them to the Government Handwriting and Finger Prints Expert for comparison with his thumb-impression affixed in the relevant book of the Registration office. On this application, the learned Sessions Judge passed the impugned order dated 16-5-1974 which is as follows:- The statement of the accused was taken under S. 342 (1) of the Cr. P. C. He is called upon to give his thumb-impression for comparison by expert, but it is explained to him that he is not bound to give his thumb mark as if it goes against him after comparison it may be an evidence against him. He may refuse to give his thumb-mark but in that case a presumption may be drawn against him. HAMKO SAMAJHNE KA MAUKA DIYA JAWE. DASKHAT Iqbal Ahmad in Urdu. The accused wants time to consult his counsel. He will be called upon to give his statement after lunch interval. Sd. R. B. Srivastava, 16-5-1974

(2.) THE accused Iqbal Ahmed then moved a revision application in this Court which was rejected as it was against an interlocutory order. He also filed a transfer application in this Court which was also rejected. He then filed the present petition under Section 482, Cr. P. C.

(3.) LEARNED Counsel for the petitioner has challenged the order of the learned Sessions Judge on two grounds: