D.D. Seth, J. - (1.) THIS reference has been made to this Court by the learned Additional District Magistrate (J), Meerut.
(2.) THE facts are that an application was made before the Assistant Sub -Divisional Magistrate by the Sub -Inspector Incharge investigating the case against Ram Dutt and others for having their thumb impressions, specimen handwritings and signatures. The learned Magistrate passed the following order: Though the Act prescribing taking of thumb impressions by the police is still in force but subsequent ruling and Acts of Constitution shown to me today show that no one can be forced to do so as it is an infringement of the rights conferred on every citizen. I think that an adverse view can be taken about the refusal and hesitation of the accused in getting his impressions taken. The prosecution may seek further orders of A.D.M.(J) in the matter, if necessary. The learned A.D.M.(J), Meerut has recommended that the order of the learned Magistrate be quashed and he be asked to direct the opposite parties Ram Dutt and others to give their specimen handwritings, signatures and thumb impressions.
(3.) I have not been shown any provision in Code of Criminal Procedure or in the Evidence Act under which, during investigation, specimen handwritings, signatures and thumb impressions can be taken by the investigating Officer. The rulings quoted in the referring order are of cases where the accused was put on trial before the court. In the instant case there are no proceedings pending in the court and the only application made before the Assistant Sub -Divisional Magistrate was for taking the specimen handwritings, signatures and thumb impressions of Ram Dutt and others.;