State of Himachal Pradesh v. Uday Ram

Uday Ram S/o Shri Kanshi Ram, R/o village Devnal, P.O. Jhakando, Tehsil Shilai, Distt Sirmaur, H.P. …. Respondent. Coram The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting? No For the Petitioner : Ms. Ruma Kaushik, Addl. Advocate General. For the Respondent : Mr. B.R. Kashyap, Advocate. Kuldip Singh, J(Oral). Mr. B.R. Kashyap, Advocate has filed memo of appearance on behalf of the respondent. The State has assailed the order dated 12.12.2011 passed by learned Judicial Magistrate Ist Class, Court No.II, Shimla in Application No.64-4 of 2011 in Main Case No.24-2 of 2011.

#2. It has been submi tted by learned Addl. Advocate General that specimen signatures and handwritings of respondent were taken during investigation and at that time he was not arrested. The _____________________ Whether the reporters of the local papers may be allowed to see the Judgment?Yes …2… signatures and handwritings were taken only to ascertain the part played by respondent in the commission of offence. It has been submitted that in terms of Section 311A Cr.P.C. the specimen signatures and handwritings of the respondent are required to be taken after arrest before the Magistrate. The requisite application was filed before the learned Judicial Magistrate but that has been rejected on the grounds not available in law. The submission has been made for setting aside the impugned order and for a direction to the learned Judicial Magistrate to take specimen signatures and handwritings of the respondent in accordance with law so that those can be sent to the expert for purposes of comparison.

#3. The learned counsel for the respondent has submitted that specimen signatures and handwritings of the respondent were already taken during investigation and there is no necessity to take further specimen signatures and handwritings of the respondent. The learned counsel for the respondent has supported the impugned order.

#4. The section 311A of the Code authorizes the Magistrate to take specimen signatures and handwritings of the accused for the purposes of investigation or proceeding under the Code. It has also been provided in Section 311A Cr.P.C. that no order shall be made under said section unless the person has at some time been arrested in connection with such investigation or proceeding.

#5. The learned Addl. Advocate General has submitted that in order to avoid the technicalities, it is necessary to take specimen signatures and handwritings of the respondent for purposes of …3… comparison as the respondent had already been arrested but released on bail. The earlier signatures and handwritings of the respondent were taken at the stage when he was not arrested. There is substance in the submission of the learned Addl. Advocate General. Accordingly, petition is allowed. The order dated

12.12.2011 passed by learned Judicial Magistrate Ist Class, Court No.II, Shimla in Application No.64-4 of 2011 in Main Case No.24-2 of 2011 is set aside. The learned Judicial Magistrate Ist Class, Court No.II, Shimla is directed take specimen signatures and handwritings of the respondent in accordance with law for purposes of comparison. April 27, 2012 (sks) (Kuldip Singh), Judge.