VIJAY KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) A request was made by the Police to the Judicial Magistrate 1st Class, Mandi, seeking permission to take photographs of the revision petitioner for the purpose of comparing the same with the photograph of a man appearing in an obscene movie clipping. The application was made under section 5 of the Identification of Prisoners' Act. Admittedly, the revision petitioner had been arrested in connection with a case on the complaint of a woman and was in custody as an under-trial when the application was moved. The Magistrate dismissed the application of the police. State went in revision to the Sessions Court. Learned Sessions judge has allowed the revision petition and consequently the order of the Magistrate has been set aside and the prayer of the police for taking photographs of the revision petitioner granted.

(3.) IT is not in dispute that the provision of Section 5 of the Identification of Prisoners' act is applicable to the fact of the case on all fours. However, the learned counsel has submitted that no rules having been framed by the State Government, as per requirement of Section 4 of the said Act, the provision of Section 5 is Inapplicable. Section 4 pertains to the prescription of rules by the State Government only with regard to the taking of measurements of the person and not the taking of his photographs. The procedure and manner of taking the photographs is given in Section 5 itself. Hence, the submission is rejected.