Misra, J.

1. These three Criminal references have been heard together, as they give rise to indentical questions of law regarding the power of the Magistrate to ask the accused to give specimen handwriting, signature, thumb impression, fingerprint, palm print or foot print for comparison, in course of investigation of the case, by a police officer.

2. Criminal Reference No. 16 of 1958 relates to the case of Gulzar Khan, Ahmad Khan and Daulat Khan V/s. State, that is, G.R. Case No. 790 (A) of 1957, in which the learned City Magistrate of Jamshedpur directed the accused on the 13th November, 1957, to appear before Golmuri police station for giving their fingerprints and foot-prints for the purpose of comparison on the prayer made by the investigating Officer by his petition dated the 23rd October, 1957. These accused persons, had, however, been granted bail by the learned Sessions Judge on the 7th October, 1957. The accused made a grievance of the order of the learned Magistrate. Accordingly, an application was made on their behalf in the Court of the learned Sessions Judge for setting aside the order of the Magistrate, as the order operated as an infringement of the privileg