PRITI RANJAN GHOSH Vs. STATE

JUDGEMENT

(1.) CRIMINAL Revision Case Nos. 859 of 1971 and 7 of 1972 were taken up for hearing together as the questions of law which arise in both the cases are the same.

(2.) IN Criminal Revision No. 859 of 1971 the petitioners are Priti Ranjan ghose and his two brothers. On the basis of a written complaint made by the Superintendent, Post Offices, presidency Division, addressed to the Superintendent of Police, C. B. I. , S. P. W. Division, Calcutta, a case under section 120b/420, 420/471 of the Indian Penal code was started against them. On the 19th of July, 1971, on the prayer of the inspector, C. B. I. , S. P. W. , Calcutta, the learned Sub-divisional Magistrate, alipore, directed the petitioners to appear before the investigating Officer on 21. 7. 71 and 22. 7. 71 for taking of their specimen handwritings before the learned Magistrate. On repeated prayers of the petitioners the order requiring the taking of specimen handwritings was kept in abeyance and ultimately on 21. 10. 71, the learned Sub-divisional Magistrate directed the petitioners to appear before Sri s. K. Roychowdhury Magistrate, 1st class for giving their specimen hand writings on 21. 11. 71. Against this order the petitioners moved the Sessions Judge, alipore, under Section 435/438 Cr. P. C. The learned Sessions Judge by his order dated 1. 12. 71 rejected the prayer and upheld the order of the learned Magistrate. Against the order of the learned sessions Judge the petitioners have come up before this Court in revision.

(3.) IN Criminal Revision No. 7 of 1972, the petitioner is Gokul Chandra sarma, who along with another person was arrested by the Enforcement Branch of the Calcutta Police on 23. 6. 69, and a case under section 120b/417/467|/71 i. P. C. was started against them. Specimen handwritings and signatures of the accused petitioner was taken by the Investigating Officer for the purpose of examination by the Handwriting Expert and on 1. 9. 71 the Investigating Officer submitted a report before the learned chief Presidency Magistrate to the effect that the Expert could not submit a complete report and asked for further writings of the petitioner and the other accused person. The learned Chief presidency Magistrate by his order dated 14. 12. 71 directed the petitioner to give his specimen writings in presence of sri G. P. Roy, Presidency Magistrate. This order of the learned Chief Presidency Magistrate has been challenged in this revisional application.