Judgment

SARKARIA, J.:- This appeal by special leave, directed against a judgment dated February 18, 1975, of the High Court of Delhi,* involves a question with regard to the scope of the powers of Court under Section 73, Evidence Act to direct an accused person to give his specimen writings. It arises out of these circumstances;

* Reported in 1975 Cri LJ 1756 (Delhi).

Pali Ram, respondent along with Har Narain and 8 others was challaned by the police in respect of offences under Sections 120-B/420/477-A/467/471, Penal Code before the Additional Chief Judicial Magistrate, Delhi. The case being exclusively triable by the Court of Section, the Magistrate started inquiry proceedings under Section 207-A, Chapter XVIII of the Code of Criminal Procedure, 1898. After most of the prosecution evidence had been recorded, an application dated December 11, 1970, was submitted on behalf of the prosecution. It was stated in the application that one of the basic documents (Ex. PW-21) tendered in evidence was, according to the prosecution, in the handwriting of Pali Ram; but it could not be got compared by a handwriting expert with any specimen writing of Pali Ram because the latter was absconding an