PREM KUMAR ALIAS KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition is directed against the order dated 21.2.2011 of the Trial Court (Special Judge) Faridkot. The prayer of the petitioner for giving his specimen handwriting for comparison with the disputed documents and files relied upon by the prosecution has been declined by learned Trial Court under Section 311Cr.P.C which ostensibly was invoked by the petitioner with the aforesaid prayer.

(2.) The reason given by the learned Trial Court is two fold; one that the petitioner had made a statement before the Executive Magistrate on 30.4.2004 refusing to give his specimen signatures and that the application has been moved belatedly in an attempt to delay the proceedings.

(3.) Learned counsel for the petitioner contends that the factors which are weighing with the learned Trial Court are not relevant for the purposes of this controversy and the provisions of Section 311 Cr.P.C are to be construed liberally in the interest of the proper adjudication of the matter and that further the Executive Magistrate was not empowered to deal with the comparison of the signatures and such a power lay purely within the domain of Judicial Magistrate. Reliance has been placed on Krishan v. State of Haryana,1978 CLR 53wherein this Court dealing with a situation where the Executive Magistrate has dwelt upon a similar situation involves the specimen signatures the Court observed that during the course of inquiry or trial it is only the Judicial Magistrate who could exercise such a power and Executive Magistrate has no jurisdiction to do so. Besides this, it has been contended that exercise of powers under Section 311 Cr.P.C cannot be denied on the ground that it is likely to cause delay.