Y.S. VIDYASAGAR Vs. STATE OF AP

JUDGEMENT

(1.) The present Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), praying to set aside the order dtd. 22/9/2018 in Criminal Revision Petition No.25 of 2018 on the file of the Court of the Principal District and Sessions Judge, Vizianagaram District at Vizianagaram.

(2.) The facts, which are germane for disposal of the present case, are as follows: On the report lodged by the In-charge Branch Manager of S.B.I., Kantakapalli Branch, Kothavalasa Police has registered the crime as F.I.R. No.09 of 2003 against the petitioner/accused for the offences punishable under Ss. 409, 419, 466, 467, 468, 471 I.P.C. After due investigation, the police laid the charge and after filing of the charge sheet, learned Judicial Magistrate of the First class has issued summons to the accused after taking cognizance for the aforesaid offences in C.C.No.116 of 2005.

(3.) Be that as it may, the State has filed Interlocutory Application under Sec. 311A Cr.P.C. and Ss. 45 and 73 of the Indian Evidence Act after examination of 28 witnesses to order for collection of specimen signatures or handwriting and to get opinion from the Expert or to compare the signatures or writing or seal with other admitted or proved signatures respectively. It is averred in the said Interlocutory Application that the accused forged the signatures of P.Ws.5 and 6 and some other witnesses and due to oversight, the signatures of the accused were collected for comparison with the exhibits marked for ascertaining truth for drawing correct inference in the matter.