RITESH SINHA v. STATE OF UTTAR PRADESH & Anr.

2.4 Though this Court in *Ram Babu Misra case, had held that a Judicial Magistrate has no power to direct an accused to give his specimen writing for the purposes of investigation, had suggested to Parliament that a suitable legislation be made on the analogy of Section 5 of the Identification of Prisoners Act, 1920 so as to invest a Magistrate with the power to issue directions to any person including an accused person to give specimen signatures and writings. The consequential amendment, instead, came by way of insertion of Section 311-A in the Cr.P.C by the Code of Criminal Procedure (Amendment) Act, 2005 (Act No.25 of 2005) with effect from 23rd June, 2006. [Para 14] [1016-C-D] State of Uttar Pradesh vs. Ram Babu Misra AIR 1980 SC 791 : [1980] 2 SCR 1067 – referred to.

3.1 “Procedure is the handmaid, not the mistress, of justice and cannot be permitted to thwart the fact-finding course in litigation”. [Para 16] [1017-F]