RAM SUNDER Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Jain, J. None appears for the parties except learned A. G. A for the State. Perused the material on record and heard the learned A. G. A.

(2.) IT appears from the record that the revisionist applied for surrendering himself in a case under Sections 467/468/419 and 420, IPC. The police simultaneously sub mitted a report for taking thumb- impres sions of the revisionist for comparison to help the investigation. His thumb-impres sions taken earlier were sent to the expert for comparison but the expert reported that the thumb-impressions and finger prints were not fit for comparison. The Investigat ing agency had therefore, applied for taking fresh finger prints. The revisionist raised objections which were partly accepted by the learned Magistrate. However, in view of the provisions of Section 5 of the Identifica tion of Prisoners Act, 1920 the learned Magistrate allowed the prayer of the Inves tigating agency.

(3.) AS regards applicability of Section 5 of the Identification of Prisoners Act, 1920 proviso-2 specifically provides that no order shall be made under this section unless the person has at sometime been arrested in connection with such investigation or proceeding. Admittedly the revisionist was arrested earlier and his thumb-impressions were taken for comparison with the dis puted finger prints. The expert could not make comparison since the finger prints were not proper. The contention of the revisionist that under Section 5 of the Iden tification of Prisoners Act, 1920 his thumb impressions cannot be taken is without force since in view of proviso-2 referred to above, the bar is applicable only when such person has never been arrested. If the per son has been arrested sometime during the investigation then his thumb-impressions or signatures or finger prints can be directed to be taken for comparison with the dis puted finger prints as the case may be. Therefore, there is no illegality in the im pugned order. The revision is devoid of merit and is accordingly dismissed. Revision dismissed. .