Mahavir Singh - (1.) THIS is a revision by the State of U. P. against the order of the Chief Judicial Magistrate Lucknow rejecting the application of the investigating agency for directing the accused opposite party to give specimen handwriting and signature for comparison with a disputed writing.
(2.) THE relevant facts are that a case u/Sections 420, 120-B, 478 and 471 IPC was registered as Crime No. 2140 of 1974 P. S. Hazratganj, Lucknow and the CID Crime Branch was investigating into the said offence with which the accused opposite party was alleged to be involved in the said crime. During the course of investigation the prosecution moved an application on 4-6-75 to the Judicial Magistrate Lucknow for directing the accused opposite party to give specimen handwriting and signature for comparison with the handwriting and signature of a disputed document by a handwriting expert. The accused filed an objection that before he was called upon to give any such signature, the prosecution must show the original document with reference to which the specimen is desired.
(3.) ON 17-12-75 the prosecution moved another application for the same purpose. The learned Chief Judicial Magistrate in an elaborate judgment after discussing various case law cited by both sides rejected this application holding that it was beyond the scope of the power of the court to direct the accused to do so during the course of investigation.;