STATE OF U.P. versus RAM BABU MISRA

STATE OF U.P. versus RAM BABU MISRA

A Magistrate does not have power under Section 73 of the Evidence Act to direct an accused to give specimen signature or writing when the case is still under investigation, as the provision applies only when there is a proceeding before the court necessitating comparison.

Parties
Appellant: State of U.P.; Respondent: Ram Babu Misra
Jurisdiction
India
Judgment Date
19 February 1980
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Section 73 of Evidence Act, Specimen Signatures and Writings, Judicial Powers During Investigation
Evidence Law Section 73 of Evidence Act Specimen Signatures and Writings Judicial Powers During Investigation

Case Brief

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Parties

State of U.P.

Appellant

Ram Babu Misra

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Whether a Magistrate can direct an accused to give specimen signature or writing under Section 73 of the Evidence Act while the case is still under investigation

Ratio Decidendi

A Magistrate does not have power under Section 73 of the Evidence Act to direct an accused to give specimen signature or writing when the case is still under investigation, as the provision applies only when there is a proceeding before the court necessitating comparison.

Court Disposition

Appeal dismissed